if? 


REVISED 


ORDINANCES 


City  of  Danville, 


M't 


ILLINOIS. 


PUBLISHED  BY 

AUTHORITY  OF  THE  CITY  COUNCIL. 


DANVILLE,  ILL.: 

Illinois  Printing  Company,  Printers, 

1892. 


o 


/ 


OF  THE 

U N I VERS  I T Y 
OF  ILLINOIS 


332..0773 

023 or  r 

\vsz 


The  person  charging  this  material  is  re- 
sponsible for  its  return  on  or  before  the 
Latest  Date  stamped  below. 

Theft,  mutilation,  and  underlining  of  books 
are  reasons  for  disciplinary  action  and  may 
result  in  dismissal  from  the  University. 


uii'ivriis'iTv  oni  m 

REVISED 

ORDINANCES 


OF  THE 

City  of  Danville, 

ILLINOIS. 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL. 


Revised  and  Arranged  by 
E.  R.  E.  KIMBROUGH  and  W.  J.  CALHOUN. 


7/20/40  g.  Flora  Woodbury 


n li  K 1. 1!  V 

Mivfii&nr  or  m 


Cities  and  V illages. 


AN  ACT 

TO  PROVIDE  FOR  THE  INCORPORATION  OF  CITIES  AND  VILLAGES. 

In  force  July  1,  1872. 


Section  1.  Beit  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly , as  follows — 

ARTICLE  I. 

OF  THE  ORGANIZATION  OF  CITIES. 

Section. 

1.  How  city  may  adopt  this  act. 

2.  Notice  of  election. 

3.  The  ballots  ; result. 

4.  How  towns  may  become  cities. 

5.  Organizing  a city — petition — election— result. 

6.  Courts  to  take  judicial  notice  of  organization,  etc. 

7.  Election  of  officers. 

8.  When  county  judge  to  give  notice  of  election,  etc. 

9.  Term  of  first  officers. 

10.  Corporate  name — powers. 

11.  Prior  ordinances,  etc.,  in  force  until,  etc. 

12.  Rights,  etc.,  of  old  corporations  to  vest  in  new. 

13.  Record  of  result  of  election. 

13a.  Abolishes  city  register’s  office. 

1.  How  cities  may  incorporate.  § 1.  That  auy  city  now 
existing  in  this  State  may  become  incorporated,  under  this  act,  in 
manner  following  : Whenever  one-eighth  of  the  legal  voters  of 
such  city,  voting  at  the  last  preceding  municipal  election,  shall 
petition  the  mayor  and  council  thereof  to  submit  the  question  as  to 
whether  such  city  shall  become  incorporated  under  this  act,  to  a 
vote  of  the  electors  in  such  city,  it  shall  be  the  duty  of  such  mayor 
and  council  to  submit  such  question  to  a vote  of  the  electors  of 
said  city  at  the  next  ensuing  municipal  election  of  such  city,  or 


I 162417 


4 


Cities  and  Villages. 


on  the  third  Tuesday  of  April,  as  provided  for  in  Article  IV  (4) 
of  said  act,  for  holding  municipal  elections : Provided , there  shall 
be  sufficient  time  intervening  to  give  the  notice  required  by  law. 
[As  amended  by  act  approved  June  17,  1887.] 

2.  Notice  of  election.  § 2.  The  mayor  of  such  city  shall 
give  at  least  thirty  days’  notice  of  such  election,  by  publishing  a 
notice  thereof  in  one  or  more  newspapers  within  such  city  ; but  if 
no  newspaper  is  published  therein,  then  by  posting  at  least  five 
copies  of  such  notice  in  each  ward. 

3.  The  ballot — result.  § 3.  The  ballots  to  be  used  at  such 

election  shall  be  in  the  following  form  : “ For  city  organization 

under  general  law”;  or,  “Against  city  organization  under  general 
law.”  The  judges  of  such  election  shall  make  returns  thereof  to 
the  city  council,  whose  duty  it  shall  be  to  canvass  such  returns, 
and  cause  the  result  of  such  canvass  to  be  entered  on  the  records 
of  such  city.  If  a majority  of  the  votes  cast  at  such  election  shall 
be  for  city  organization  under  general  law,  such  city  shall  thenceforth 
be  deemed  to  be  organized  under  this  act;  and  the  city  officers 
then  in  office  shall,  thereupon,  exercise  the  powers  conferred  upon 
like  officers  in  this  act,  until  their  successors  shall  be  elected  and 
qualified. 

4.  How  towns  may  become  cities.  § 4.  Any  incorporated 
town  or  village,  in  this  state,  having  a population  of  not  less  than 
one  thousand  (1,000)  inhabitants,  may  become  incorporated  as  a city 
in  like  manner  as  hereinbefore  provided  ; but  in  all  such  cases  the 
president  and  trustees  of  such  town  or  village  shall,  respectively, 
perform  the  same  duties  relative  to  such  change  of  organization  as 
is  above  required  to  be  performed  by  the  mayor  and  council  of 
cities.  [As  amended  by  act1  approved  May  25,  1877.] 

5.  Organizing  a city — petition  — election  — result. 
§ 5.  Whenever  any  area  of  contiguous  territory  in  this  State,  not 
exceeding  foursquare  miles,  shall  have  resident  thereon  a population 
of  not  less  than  one  thousand  inhabitants,  which  shall  not  already 
be  included  within  any  incorporated  town  or  city,  the  same  may 
become  incorporated  as  a city  in  manner  following:  Any  fifty  legal 
voters  thereof  may  file  in  the  office  of  the  clerk  of  the  county 
court,  of  the  county  in  which  such  inhabitants  reside,  a petition 
addressed  to  the  judge  of  such  court;  and  if  the  territory  described 
in  said  petition  shall  be  in  more  than  one  county,  than  the  petition 
shall  be  addressed  to  the  judge  of  the  court  where  a greater  part 
of  such  territory  is  situated ; which  petition  shall  define  the 
boundaries  of  such  proposed  city,  and  state  the  number  of  inhabitants 


residing  within  such  limits,  and  also  state  the  name  of  such  proposed 
city,  and  shall  contain  a prayer  that  the  question  be  submitted  to 
the  legal  voters  residing  within  such  limits,  whether  they  will 
organize  as  a city  under  this  act.  It  shall  be  the  duty  of  the  county 
judge  to  fix  a time  and  place,  within  the  boundaries  of  such  proposed 
city,  at  which  an  election  may  be  held  to  determine  such  question ; 
and  such  judge  shall  name  the  persons  to  act  as  judges  in  holding 
such  election,  and  shall  give  notice  thereof  by  causing  ten  notices 
to  be  posted  in  public  places  within  such  proposed  city.  And  the 
third  section  of  this  article  shall  be  applicable  to  such  election: 
Provided , that  the  returns  of  such  election  shall  be  made  to  and 
canvassed  by  the  connty  judge  and  any  two  justices  of  the  peace 
whom  he  may  call  to  his  assistance,  instead  of  the  city  council ; and 
the  result  of  such  election  shall  be  entered  upon  the  records  of  such 
county  court.  If  a majority  of  the  votes  cast  at  such  election  shall 
be  “ For  city  organization  under  general  law, ” the  inhabitants  of 
such  territory,  described  in  such  petition,  shall  be  deemed  to  be 
incorporated  as  a city,  under  this  act,  and  with  the  name  stated  in 
the  petition.  [See  § 175.] 

6 Courts  to  take  judicial  notice  of  organization, 
etc.  § 6.  All  courts  in  this  State  shall  take  judicial  notice  of  the 
existence  of  all  villages  and  cities  organized  under  this  act,  and  of 
the  change  of  the  organization  of  any  town  or  city  from  its  original 
organization  to  its  organization  under  this  act ; and  from  the  time 
of  such  organization,  or  change  of  organization,  the  provisions  of 
this  act  shall  be  applicable  to  such  cities  and  villages,  and  all  laws 
in  conflict  therewith  shall  no  longer  be  applicable.  But  all  laws  or 
parts  of  laws,  not  inconsistent  with  the  provisions  of  this  act,  shall 
continue  in  force  and  applicable  to  any  such  city  or  village,  the 
same  as  if  such  change  of  organization  had  not  taken  place. 

7.  Election  of  officers.  § 7.  It  shall  be  the  duty  of  the 
president  and  board  of  trustees  of  any  town  which  shall  have  voted 
to  change  its  organization  to  a city,  under  this  act,  to  call  and  give 
notice  of  an  election  to  elect  city  officers,  and  to  designate  the  time 
and  place  or  places  of  holding  the  same..  Such  notice  shall  be 
published  in  a newspaper,  if  there  be  one,  within  the  town,  or 
posted  in  ten  public  places,  for  at  least  twenty  days  before  such 
election.  Such  president  and  trustees  shall  appoint  the  judges  and 
clerks  to  hold  such  election,  canvass  the  returns  thereof,  and  cause 
the  result  to  be  entered  upon  the  records  of  the  town  ; and  the 
provisions  of  this  act,  relative  to  the  election  of  city  officers,  shall 
be  applicable  thereto ; but,  at  such  election,  aldermen  may  be 
elected  on  a general  ticket. 


8.  When  county  judge  to  give  notice  of  election,  etc. 
§8.  In  case  of  cities  organizing  under  Section  five  (5)  of  this 
article,  the  county  judge  shall  call  and  give  notice  of  the  election,  and 
perform  the  same  duties  relative  thereto  as  is  above  required  to  be 
performed  by  president  and  trustees  of  such  town,  and  in  canvassing 
such  returns  shall  call  to  his  assistance  two  justices  of  the  peace. 
[See§  52:] 

9.  Term  of  first  officers.  . § 9.  The  city  officers  elected 
under  either  of  the  preceding  sections,  shall  hold  the  irrespective 
offices  until  the  next  succeeding  regular  election  for  such  officers, 
respectively,  and  until  their  successors  are  elected  and  qualified,  as 
provided  in  this  act. 

10.  Corporate  name  — powers.  § 10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under  the  name 
and  style  of  “ City  of  (name),”' and  under  such  name  may  sue  and 
be  sued,  contract  and  be  contracted  with,  acquire  and  hold  real  and 
personal  property  for  corporate  purposes,  have  a common  seal,  and 
change  the  same  at  pleasure,  and  exercise  all  the  powers  hereinafter 
conferred. 

11.  Prior  ordinances,  etc.,  in  force  until,  etc.  § 11. 
All  ordinances,  resolutions  and  by-laws  in  force  in  any  city  or  town 
when  it  shall  organize  under  this  act,  shall  continue  in  full  force 
and  effect  until  repealed  or  amended,  notwithstanding  such  change 
of  organization  ; and  the  making  of  such  change  of  organization 
shall  not  be  construed  to  effect  a change  in  the  legal  identity,  as  a 
corporation,  of  such  city  or  town. 

12.  Rights,  etc.,  of  old  corporations  to  vest  in  new. 
§ 12.  All  rights  and  property  of  every  kind  and  description,  which 
were  vested  in  any  municipal  corporation  under  its  former  organiza- 
tion, shall  be  deemed  and  held  to  be  vested  in  the  same  municipal 
incorporation  upon  its  becoming  incorporated  under  the  provisions 
of  this  act ; but  no  rights  or  liabilities,  either  in  favor  of  or  against 
such  corporation,  existing  at  the  time  of  so  becoming  incorporated 
under  this  act,  and  no  suit  or  prosecution  of  any  kind  shall  be 
affected  by  such  change,  but  the  same  shall  stand  and  progress  as 
if  no  change  had  been  made : Provided,  that  when  a different 
remedy  is  given  by  this  act,  which  may  properly  be  made  applicable 
to  any  right  existing  at  the  time  of  such  city  so  becoming  incor- 
porated under  this  act,  the  same  shall  be  deemed  cumulative  to  the 
remedies  before  provided  and  used  accordingly. 

13.  Record  of  the  result  of  election.  § 13.  The 
corporate  authorities  of  anv  city  or  village  which  may  become 


Cities  and  Villages. 


7 


organized  under  this  act  shall,  within  three  months  after  organization 
hereunder,  cause  to  be  filed  in  the  office  of  the  recorder  of  deeds, 
in  the  county  in  which  such  city  or  village  is  situated,  a certified 
copy  of  the  entry  made  upon  the  records  of  the  city,  village  or 
county  court,  of  the  canvass  of  the  votes,  showing  the  result  of 
such  election,  whereby  such  city  or  village  became  so  organized — and 
such  recorder  of  deeds  shall  record  the  same.  And  such  corporate 
authorities  shall  also  cause  a like  certificate  to  be  filed  in  the  office 
of  the  Secretary  of  State,  who  shall  file  the  same,  and  keep  a 
a registry  of  cities  and  villages  organized  under  this  act. 

13a.  City  register’s  office  abolished.  §14.  If  any  city 
organized  or  which  may  hereafter  organize  under  this  act,  shall 
have  had  by  the  terms  and  provisions  of  its  special  charter  a city 
register’s  office  or  other  office  in  which  deeds,  mortgages  or  other 
instruments  were  required  or  authorized  by  law  to  be  recorded  in 
lieu  of  recording  the  same  in  the  recorder’s  office  in  the  county 
where  said  city  was  situated,  such  city  register’s  office  or  recorder’s 
office  shall  be  discontinued  under  this  act,  and  the  city  register  or 
recorder  or  other  officer  having  the  custody  of  the  records,  books 
and  papers  pertaining  to  such  city  register  or  recorder’s  office,  shall 
deposit  such  records  and  books,  and  papers  in  the  office  of  the 
recorder  of  deeds  of  the  county,  in  which  such  city  is  situated,  and 
shall  take  the  receipt  of  the  recorder  of  deeds  therefor,  and  such 
records,  and  books,  and  papers,  shall  from  thereafter,  be  deemed 
and  held  for  all  purposes  a part  of  the  records  of  the  recorder’s 
office  of  such  county,  and  shall  have  like  legal  effect  as  if  the  same 
had  been  originally  a part  of  the  records  of  such  county  recorder’s 
office  for  all  purposes  whatsoever,  and  the  same  or  certified 
transcripts  made  therefrom,  shall  have  like  force  and  effect  as 
evidence  as  other  records  of  said  recorder’s  office.  [As  amended  by 
act  approved  May  15,  1879.  In  force  July  1,  1879.] 


8 


Cities  and  Villages. 


ARTICLE  II. 

OF  THE  MAYOR. 

Section. 

1.  Mayor — his  qualifications. 

2.  Vacancy  one  year  or  more. 

3.  Vacancy  less  than  year. 

4.  Mayor  pro  Um. 

5.  Vacancy  by  removal  from  city. 

6.  Mayor  to  preside — casting  vote. 

7.  When  he  may  remove  officers. 

8.  His  powers  to  keep  peace. 

9.  Release  of  prisoners. 

10.  General  duties. 

11.  To  examine  records,  etc. 

12.  Messages  to  council. 

13.  To  call  out  militia,  etc. — riots,  etc. 

14.  Misconduct,  etc.,  of  mayor  or  other  officer — penalty. 

15.  Revising  ordinances  after  change  of  organization. 

14.  Mayor — his  qualifications.  §1.  The  chief  executive 
officer  of  a city  shall  be  a mayor,  who  shall  be  a citizen  of  the 
United  States,  a qualified  elector,  reside  within  the  city  limits,  and 
hold  his  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified. 

1 5.  Vacancy  one  year  or  oyer.  § 2.  Whenever  a vacancy 
shall  happen  in  the  office  of  the  mayor,  when  the  unexpired  term 
shall  be  one  year  or  over  from  the  date  when  the  vacancy  occurs,, 
it  shall  be  filled  by  an  election. 

16.  Vacancy  less  than  year.  § 3.  If  the  vacancy  is  less- 
than  one  year,  the  city  council  shall  elect  one  of  its  number 
to  act  as  mayor,  who  shall  possess  all  the  rights  and  powers  of  the 
mayor  until  the  next  annual  election,  and  until  his  successor  is- 
elected  and  qualified. 

17.  Mayor  pro  tem.  § 4.  During  the  temporary  absence 
or  disability  of  the  mayor,  the  city  council  shall  elect  one  of  its- 
number  to  act  as  mayor  pro  tem.,  who,  during  such  absence  or 
disability,  shall  possess  the  powers  of  mayor. 

18.  Vacancy  by  removal  from  city.  § 5.  If  the  mayor, 
at  any  time  during  the  term  of  his  office,  shall  remove  from  the 
limits  of  the  city,  his  office  shall  thereby  become  vacant. 

19.  Mayor  to  preside — casting  vote.  § 6.  The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  but  shall  not  vote 
except  in  case  of  a tie,  when  he  shall  give  the  casting  vote. 


Cities  and  Villages.  9 

20  When  he  may  remove  officers.  § 7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  hy  him,  on  any 
formal  charge,  whenever  he  shall  be  of  the  opinion  that  the 
interests  of  the  city  demand  such  removal,  but  he  shall  report  the 
reasons  for  such  removal  to  the  council  at  a meeting  to  be  held  not 
less  than  five  days  nor  more  than  ten  days  after  such  removal; 
and  if  the  mayor  shall  fail,  or  refuse  to  file  with  the  city  clerk  a 
statement  of  the  reasons  for  such  removal,  or  if  the  council  by  a 
two-thirds  (§)  vote  of  all  its  members  authorized  by  law  to 
to  be  elected,  by  yeas  and  nays,  to  be  entered  upon  its  record, 
disapprove  of  such  removal,  such  officer  shall  thereupon  become 
restored  to  the  office  fiom  which  he  was  so  removed;  but  he  shall 
give  new  bonds  and  take  a new  oath  of  office.  No  officer  shall  be 
removed  a second  time  for  the  same  offense.  [As  amended  by  act 
approved  May  31,  1879.] 

21.  His  power  to  keep  peace.  §8.  He  may  exercise, 
within  the  city  limits,  the  powers  conferred  upon  sheriffs,  to  suppress 
disorder  and  keep  the  peace.  [See  § 83.] 

22.  Release  of  prisoners.  § 9.  He  may  release  any 
person  imprisoned  for  violation  of  any  city  ordinance,  and  shall 
report  such  release,  with  the  cause  thereof,  to  the  council  at  its  first 
session  thereafter. 

23.  General  duties.  § 10.  He  shall  perform  all  such 
duties  as  are  or  may  be  prescribed  by  law  or  by  the  city  ordinances, 
and  shall  take  care  that  the  laws  and  ordinances  are  faithfully 
executed. 

24.  Examine  records  etc.  § 11.  He  shall  have  power  at 
all  times  to  examine  and  inspect  the  books,  records  and  papers  of 
any  agent,  employee  or  officer  of  the  city. 

2 5.  Messages  to  council.  §12.  The  mayor  shall  annually, 
and  from  time  to  time,  give  the  council  information  relative  to  the 
affairs  of  the  city  and  shall  recommend  for  their  consideration  such 
measures  as  he  may  deem  expedient. 

26.  To  call  out  militia,  etc.  § 13.  He  shall  have  power 
when  necessary,  to  call  on  every  male  inhabitant  of  the  city  over 
the  age  of  eighteen  years  to  aid  in  enforcing  the. laws  and  ordinances, 
and  to  call  out  the  militia  to  aid  in  suppressing  riots  and  other 
disorderly  conduct,  or  carrying  into  effect  any  law  or  ordinance, 
subject  to  the  authority  of  the  governor  as  commander-in-chief  of 
the  militia 


10 


Cities  and  Villages. 


27.  Misconduct,  etc. — penalty.  § 14.  In  case  the  mayor 
or  any  other  municipal  officer  shall  at  any  time  be  guilty  of  a 
palpable  omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty 
of  oppression,  malconduct  or  misfeasance  in  the  discharge  of  the 
duties  of  his  office,  he  shall  be  liable  to  indictment  in  any  court  of 
competent  jurisdiction,  and,  on  conviction,  shall  be  fined  in  a sum 
not  exceeding  one  thousand  dollars;  and  the  court  in  which  such 
conviction  shall  be  had,  shall  enter  an  order  removing  such  officer 
from  office. 

28.  Revising  ordinances,  etc.  § 15.  He  may  appoint,  by 
and  with  the  advice  and  consent  of  the  city  council,  immediately 
after  such  change  of  organization,  one  or  more  competent  persons 
to  prepare  and  submit  to  the  city  council  for  their  adoption  or 
rejection,  an  ordinance  in  revision  of  the  ordinances  of  such  city, 
and  for  the  government  of  such  city,  the  compensation  of  such 
reviser  or  revisers  to  be  determined  and  fixed  by  the  city  council 
and  paid  out  of  the  city  treasury. 


ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

Section. 

1.  Council — how  composed. 

2.  Number  of  aldermen. 

3.  Term  of  office  of  aldermen.' 

4.  Vacancy. 

5.  Qualifications  of  aldermen. 

6.  Council  judge  of  election  and  qualification  of  members. 

7.  Rules — expulsion — bribery. 

8.  'Quorum  -compelling  attendance. 

9.  Meetings. 

10.  Chariman  pro  tem. 

11.  Open  doors. 

12.  Journal  shall  be  kept. 

13.  Yeas  and  nays — record — vote  required. 

14.  Not  rescind  vote  at  special  meeting  unless,  etc. 

15.  When  report  laid  over. 

16.  Territorial  jurisdiction. 

17.  Special  meetings. 

18.  Ordinances — appeal — veto. 

19.  Reconsideration — passing  over  veto. 

29.  Council— how  composed.  § 1.  The  city  council  shall 
consist  of  the  mayor  and  aldermen. 

30.  Number  of  aldermen.  §2.  The  number  of  aldermen, 
when  not  elected  by  the  minority  representation  plan,  shall  be  as 


11 


Cities  and  Villages. 


follows:  In  cities  not  exceeding  three  thousand  inhabitants,  six 
aldermen ; exceeding  three  thousand  but  not  exceeding  five  thousand, 
eight  aldermen;  exceeding  five  thousand  and  not  exceeding  ten 
thousand,  ten  aldermen  ; exceeding  ten  thousand  and  not  exceeding 
thirty  thousand,  fourteen  aldermen;  and  two  additional  aldermen 
foy  every  twenty  thousand  inhabitants  over  thirty  thousand ; 
Provided , however,  that  in  cities  of  over  350,000  inhabitants  there 
shall  be  elected  forty-eight  aldermen,  and  no  more,  unless  additional 
territory  shall  be  annexed  to  such  city,  after  such  city  shall  have 
been  .divided  into  wards  on  the  basis  of  forty-eight  aldermen ; in 
which  case  and  as  often  as  new  territory  shall  be  annexed  to  such 
city  as  aforesaid,  containing  three  or  more  square  miles  of  territory, 
or  15,000  inhabitants  and  not  exceeding  25,000  inhabitants,  such 
annexed  territory  shall  constitute  a ward  of  such  city,  and  the  city 
council  of  such  city  shall  authorize  the  legal  voters  of  such 
-annexed  territory  to  elect  two  aldermen  from  such  ward  in  such 
annexed  territory ; which  said  aldermen  in  such  annexed  territory 
shall  be  additional  to  said  forty-eight  aldermen,  and  who  shall 
possess  all  the  qualifications  of  and  be  elected  at  the  time  and  in  the 
manner  provided  in  the  said  act  of  which  this  is  an  amendment: 
Provided , that  if  said  annexed  territory  shall  contain  more  than 
25,000  inhabitants,  then  the  city  council  shall  authorize  the  legal 
voters  of  such  annexed  territory  to  elect  two  aldermen  for  every 
25,000  inhabitants  thereof,  and  two  additional  aldermen  for  every 
fraction  of  15,000  inhabitants  or  more.  The  number  of  inhabitants 
to  be  determined  by  the  last  preceding,  national,  state  or  school 
census  of  such  annexed  territory.  And  if  any  such  annexed 
territory  has  less  than  15,000  inhabitants,  and  less  than  three  square 
miles  in  extent,  then  the  city  council  shall  annex  it  to  any  ward  or 
wards  which  it  adjoins:  Provided , further,  that  when  the  number 
of  aldermen  in  any  such  city  shall  reach  seventy  by  reason  of  such 
annexed  territory,  the  city  council  shall  redistrict  said  city  into 
thirty-five  new  wards  and  no  more ; and  when  said  number  of 
aldermen  shall  reach  seventy,  if  any  territory  is  thereafter  annexed 
which  shall  contain  25,000  inhabitants  or  more  as  determined  by 
the  last  preceding  national,  state,  school  or  other  census  authorized 
by  law  to  be  taken,  then  said  city  council  shall  redistrict  said  city 
into  thirty-five  wards : Provided , further,  that  whenever  after  such 
new  territory  shall  have  been  annexed,  as  aforesaid,  said  city  shall 
be  redistricted,  the  number  of  wards  at  the  time  said  city  is 
redistricted,  shall  be  preserved,  and  the  city  council  thereof  may, 
in  its  discretion,  change  the  boundary  between  such  new  ward  and 
the  original  territory  of  the  city  and  make  said  new  ward  larger  or 
smaller  to  comply  with  the  requirements  of  said  act  as  to  compactness 


12 


Cities  and  Villages. 


and  equality  of  inhabitants  : and,  Provided,  further,  if  it  shall 
appear  from  any  census  heretofore  or  hereafter  taken,  that  any  city 
has  the  requisite  number  of  inhabitants  to  authorize  it  to  increase 
the  number  of  aldermen,  it  shall  be  the  duty  of  the  city  council 
thereof  to  proceed  without  delay  and  redistrict  such  city  in 
accordance  with  the  provisions  hereof,  and  to  call  and  hold  its  next 
city  election  in  accordance  with  such  new  districting : Provided, 
that  at  such  election  the  aldermen  who  hold  over  shall  be  considered 
aldermen  for  the  new  wards  respectively  in  which  their  residence 
shall  be,  unless  there  shall  be  two  or  more  aldermen  who  hold  over 
in  the  same  ward  under  this  proviso,  then,  in  such  case  it  shall  be 
determined  by  lot  in  presence  of  the  city  council,  in  such  manner 
as  they  shall  direct,  which  alderman  shall  hold  over  for  such  ward. 
[As  amended  by  act  approved  and  in  force  June  4,  1889.] 

31.  Term  of  office.  § 3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are  elected  and 
qualified. 

32.  Vacancy.  § 4.  If  any  vacancy  shall  occur  in  the  office  of 
alderman  by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  by  election. 

33.  Qualifications  of  aldermen.  § 5.  No  person  shall 
be  eligible  to  the  office  of  alderman  unless  he  shall  be  a qualified 
elector,  and  reside  within  the  ward  for  which  he  is  elected,  nor  shall 
he  be  eligible  if  he  is  in  arrears  in  the  payment  of  any  tax  or  other 
liability  due  to  the  city;  nor  shall  he  be  directly  or  indirectly  in- 
terested in  any  contract  whatever  to  which  the  city  is  a party;  nor 
shall  he  be  eligible  if  he  shall  have  been  convicted  of  malfeasance, 
bribery  or  other  corrupt  practices  or  crimes;  nor  shall  he  be  eligible 
to  any  office,  the  salary  of  which  is  payable  out  of  the  city  treasury, 
if  at  the  time  of  his  appointment  he  Ahal  1 be  a member  of  the  city 
council;  nor  shall  any  member  of  the  city  council  at  the  same  time 
hold  any  other  office  under  the  city  goverment;  nor  shall  he  be 
either  directly  or  indirectly,  individually,  or  as  a member  of  a firm, 
engaged  in  any  business  transaction  (other  than  official)  with  such 
citv,  through  its  mayor  or  any  of  its  authorized  boards,  agents  or 
attorneys,  whereby  any  money  is  to  be  paid,  directly  or  indirectly, 
out  of  the  city  treasury  to  such  member  or  firms. 

34.  Council  judge  of  its  members.  § 6.  The  city  council 
shall  be  judge  of  the  election  and  qualification  of  its  own  members. 

35.  Rules — expulsion — bribery.  §7.  It  shall  determine 
its  own  rules  of  proceeding,  punish  its  members  for  disorderly 
conduct,  and  with  the  concurrence  of  two-thirds  of  the  aldermen 


IB 


Cities  and  Villages. 


elect,  may  expel  a member,  but  not  a second  time  for  the  same 
offense:  Provided , that  any  alderman  or  councilman  who  shall  have 
been  convicted  of  bribery  shall  thereby  be  deemed  to  have  vacated 
his  office. 

36.  Quorum — compelling  attendance.  § 8.  A majority 
of  the  aldermen  elect  shall  constitute  a quorum  to  do  business,  but 
a smaller  number  may  adjourn  from  time  to  time,  and  may  compel 
the  attendance  of  absentees,  under  such  penalties  as  may  be 
prescribed  by  ordinance. 

37.  Meetings.  § 9.  The  city  council  may  prescribe,  by 
ordinance,  the  times  and  places  of  the  meeting  thereof,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

38.  Chairman  pro  tem.  § 10.  It  may  elect  a temporary 
chairman  in  the  absence  of  the  mayor. 

39.  Open  doors.  §11.  It  shall  sit  with  open  doors. 

40.  Journal.  § 12.  It  shall  keep  a journal  of  its  own 
proceedings. 

41.  Yeas  and  nays — record — vote  required.  § 13.  The 
yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordinances, 
and  on  all  propositions  to  create  any  liability  against  the  city,  or 
for  the  expenditure  or  appropriation  of  its  money,  and  in  all  other 
cases  at  the  request  of  any  member,  which  shall  be  entered  on  the 
journal  of  its  proceedings;  and  the  concurrence  of  a majority  of  all 
the  members  elected  in  the  city  council  shall  be  necessary  to  the 
passage  of  any  such  ordinance  or  proposition:  Provided , it  shall 
require  two-thirds  of  all  the  aldermen  elect  to  sell  any  city  or  school 
property. 

42.  Not  to  rescind  vote  at  special  meeting,  unless,  etc. 

§ 14.  No  vote  of  the  city  council  shall  be  reconsidered  or 

rescinded  at  a special  meeting,  unless  at  such  special  meeting  there 
be  present  as  large  a number  of  aldermen  as  were  present  when  such 
vote  was  taken. 

43.  When  report  laid  over.  § 15.  Any  report  of  a 
committee  of  the  council  shall  be  deferred,  for  final  action  thereon, 
to  the  next  regular  meeting  of  the  same  after  the  report  is  made, 
upon  the  request  of  any  two  aldermen  present. 

44.  Territorial  jurisdiction.  § 16.  The  city  council  and 
board  of  trustees  shall  also  have  jurisdiction  in  and  over  all  places 
within  one-half  mile  of  the  city  or  village  limits,  for  the  purpose 
of  enforcing  health  and  quarantine  ordinances  and  regulations  there- 
of. [See  §§  71,  170,  215,  216,  232.] 


14 


Cities  and  Villages. 


45.  Special  meeting.  § 17.  The  mayor  or  any  three  aider- 
men  may  call  special  meetings  of  the  city  council. 

46.  Ordinance — approval — veto.  § 18.  All  ordinances 
• passed  by  the  city  council  shall,  before  they  take  effect,  be  deposited 
in  the  office  of  the  city  clerk;  and  if  the  mayor  approves  thereof,  he 
shall  sign  the  same,  and  such  as  he  shall  not  approve  he  shall 
return  to  the  council,  with  his  objections  thereto,  in  writing,  at  the 
next  regular  meeting  of  the  council  occurring  not  lessthan  five  days 
after  the  passage  thereof.  Such  veto  may  extend  to  any  one  or 
more  items  or  appropriations  contained  in  any  ordinance  making  an 
appropriation,  or  to  the  entire  ordinance;  and  in  case  the  veto  only 
extends  to  a part  of  such  ordinance,  the  residue  thereof  shall  take 
effect  and  be  in  force.  But  in  case  the  mayor  shall  fail  to  return 
any  ordinance,  with  his  objections  thereto,  by  the  time  aforesaid,  he 
shall  be  deemed  to  have  approved  such  ordinance,  and  the  same  shall 
take  effect  accordingly. 

47.  Reconsideration — passing  over  veto.  § 19.  Upon 
the  return  of  any  ordinance  by  the  mayor,  the  vote  by  which  the 
same  was  passed  shall  be  reconsidered  by  the  council;  and  if,  after 
such  reconsideration,  two-thirds  of  all  the  members  elected  to  the 
city  council  shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall 
go  into  effect,  notwithstanding  the  mayor  may  refuse  to  approve 
thereof.  The  vote  to  pass  the  same  over  the  mayor’s  veto  shall  be 
taken  by  yeas^and  nays,  and  entered  on  the  journal. 


Cities  and  Villages. 


15 


ARTICLE  IV. 

ELECTIONS. 

Section. 

1.  Annual  election. 

2.  Election  of  mayor. 

3.  Who  entitled  to  vote. 

4.  Wards. 

5.  Aldermen  at  first  election — classified. 

6.  Minority  representation. 

7.  Aldermen  under  minority  representation. 

8.  Aldermen  when  minority  plan  not  adopted. 

9.  Council  to  designate  place  of  election — notice. 

10.  Manner  of  conducting  elections. 

11.  Result— tie. 

12.  Notice  to  persons  elected  or  appointed. 

13.  Where  no  quorum  in  office — special  election. 

14.  Special  election. 

48.  Annual  Election.  § 1.  A general  election  for  city  officers 
shall  be  held  on  the  third  Tuesday  of  April,  of  each  year:  Provided, 
That  in  cities  which  include  wholly  within  their  corporate  limits  a 
town  or  towns,  such  elections  shall  be  held  on  the  first  Tuesday  of 
April.  [As amended  by  act  approved  and  in  force  March  9,  1877.] 

49.  Election  of  mayor,  city  clerk,  attorney  and 
treasurer.  § 2.  At  the  general  election  held  in  1877,  and 
biennially  thereafter,  a mayor,  a city  clerk,  a city  attorney,  and  a 
city  treasurer  shall  be  elected  in  each  city:  Provided,  that  no  person 
shall  be  elected  to  the  office  of  city  treasurer  for  two  terms  in 
succession.  [As  amended  by  act  approved  and  in  force  March  26, 
1877.] 

50.  Who  entitled  to  vote.  § 3.  All  persons  entitled  to 
vote  at  any  general  election  for  state  officers  within  any  'city  or 
village,  having  resided  therein  thirty  days  next  preceding  thereto, 
may  vote  at  any  election  for  city  or  village  officers. 

51.  Wards.  § 4.  The  city  council  of  any  city  in  this  state, 
whether  organized  under  this  act  or  under  any  special  law  of  this 
state,  may,  from  time  to  time,  divide  the  city  into  one  half  as  many 
wards  as  the  total  number  of  aldermen  to  which  the  city  is  entitled; 
and  one  alderman  shall,  annually,  be  elected  in  and  for  each  ward,  to 
hold  his  office  for  two  years  and  until  his  successor  is  elected  and 
qualified.  In  the  formation  of  wards  the  population  of  each  shall 
be  as  nearly  equal,  and  the  ward  shall  be  of  as  compact  and 
contiguous  territory  as  practicable.  [As  amended  by  act  approved 
June  17,  1887.] 


16 


Cities  and  Villages. 


52.  Aldermen  at  first  election — classified.  § 5.  At 
the  first  election  under  this  act,  there  shall  be  elected  the  full 
number  of  aldermen  to  which  the  city  shall  be  entitled.  At  the  first 
meeting  of  the  city  council  after  such  election,  the  aldermen 
elected  shall  be  divided,  by  lot,  into  two  classes:  those  of  the  lirst 
class  shall  continue  in  office  for  one  year,  and  those  of  the  second 
for  two  years.  And  upon  any  increase  of  the  number  of  aldermen, 
at  their  first  election,  one-half  shall  be  elected  for  one  year,  and 
one-half  for  two  years. 

53.  Minority  representation.  § 6.  Whenever  this  act 
shall  be  submitted  to  the  qualified  electors  of  any  city  for  adoption, 
there  shall  be  submitted  at  the  same  time  for  adoption  or  rejection 
the  question  of  minority  representation  in  the  city  council  or 
legislative  authority  of  such  city.  At  the  said  election  the  ballot 
shall  be  in  the  following  form:  “For  minority  representation  in 
the  city  council,”  or  “against  minority  representation  in  the  city 
council,”  and  at  any  subsequent  time  on  petition  of  the  legal  voters 
equal  in  number  to  one-eighth  the  number  of  legal  votes  cast  at  the 
next  preceding  general  city  election,  the  city  council  shall  cause  the 
question  of  minority  representation  to  be  submitted  to  the  legal 
voters  of  said  city,  and  the  ballots  shall  be  in  form  as  provided  in 
this  section:  Provided,  that  no  such  question  of  representation 
shall  be  submitted  more  than  once  in  every  two  years.  The  judges 
of  such  election  shall  make  returns  thereof  to  the  city  council, 
whose  duty  it  shall  be  to  canvass  such  returns,  and  to  cause  the 
result  of  such  canvass  to  be  entered  on  the  records  of  such  city.  If 
a majority  of  the  votes  cast  at  such  an  election  shall  be  “For  equal 
representation  in  the  city  council,”  then  the  members  of  the  city 
council  or  legislative  authority  of  such  city  shall  be  thereafter  elected 
in  the  following  manner:  The  council  or  legislative  authority  of  such 
city,  at  least  one  month  before  the  general  election  in  the  year  in 
which  this  act  shall  take  effect  in  such  city,  shall  apportion  such 
city,  by  dividing  the  population  thereof,  as  ascertained  by  the  last 
federal  census,  by  any  number  not  less  than  two  nor  more  than  six, 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  city 
council.  Districts  shall  be  formed  of  contiguous  and  compact 
territory,  and  contain,  as  nearly  as  practicable,  an  equal  number  of 
inhabitants.  And,  Provided  further,  that  where  said  council  or 
legislative  authority  of  such  city  have  not  fixed  a ratio  of  represen- 
tation and  formed  the  districts  or  wards,  at  the  time  above  specified, 
the  same  may  be  done  by  any  subsequent  board  of  aldermen;  and 
all  official  acts  heretofore  done  and  ordinances  heretofore  passed  by 
any  board  of  aldermen  elected  at  large  by  the  legal  electors  of  any 


Cities  and  Villages. 


17 


such  city  on  the  minority  representation  plan,  shall  be  held  and 
taken  by  all  courts  in  this  state  to  be  of  as  much  validity  and  binding 
force  as  if  they  had  been  elected  from  wards  or  districts.  [As 
amended  by  act  approved  and  in  force  April  1,  1883.] 

54.  Aldermen  under  minority  plan.  § 7.  Every  such 
district  shall  be  entitled  to  three  aldermen,  who  shall  hold  their 
office  for  two  years,  and  until  their  successors  shall  be  elected  and 
qualified.  At  the  first  general  election  for  mayor,  after  the  passage 
of  this  act,  and  every  two  years  thereafter,  there  shall  be  elected 
in  each  ward  as  many  aldermen  as  such  ward  shall  be  entitled  to  : 
Provided , that  aldermen  elected  under  this  act,  in  wards  wherein 
aldermen  were  elected  for  two  years  at  the  last  previous  annual 
election,  shall  not  take  their  seats  as  such  until  the  terms  of  the 
aldermen  last  aforesaid  shall  expire.  Vacancies  shall  be  filled  at 
an  election  to  be  held  by  the  voters  of  the  district  in  which  such 
vacancies  shall  occur,  at  the  time  to  be  designated  by  the  city 
council.  In  all  elections  for  aldermen  aforesaid,  each  qualified 
voter  may  cast  as  many  votes  as  there  are  aldermen  to  be  elected  in 
his  district,  or  may  distribute  the  same  or  equal  parts  thereof, 
among  the  candidates,  as  he  shall  see  fit,  and  the  candidate  highest 
in  votes  shall  be, declared  elected.  [As  amended  by  act  approved 
and  in  force  April  1, 1883.  L.  1883,  p.  57  ; Legal  News  Ed.,  p.  57.] 

55.  Aldermen  when  minority  plan  not  adopted.  § 8. 
If  a majority  of  the  votes  cast  at  such  election  shall  be  “Against 
minority  representation  in  the  city  council/7  the  preceding  section 
shall  be  null  and  void,  so  far  as  it  relates  to  such  city  at  such 
-election,  and  the  aldermen  of  such  city  shall  be  elected  as  otherwise 
provided  for  in  this  act. 

56.  Place  of  election — notice.  § 9.  The  city  council 
shall  designate  the  place  or  places  in  which  the  election  shall  be 
held,  and  appoint  the  judges  and  clerks  thereof,  and  cause  notice 
to  be  printed  in  some  newspaper  published  in  such  city,  if  there  be 
one,  or  posted  at  each  voting  place  in  such  city,  of  the  time,  places 
of  election,  and  of  the  officers  to  be  elected,  for  at  least  twenty 
days  prior  to  such  election. 

57.  Manner  of  conducting  elections,  etc.  § 10.  The 
manner  of  conducting  and  voting  at  elections  to  be  held  under  this 
act  and  contesting  the  same,  the  keeping  of  poll  lists  and  canvassing 
the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case  of 
the  election  of  county  officers,  under  the  general  laws  of  this  state. 
The  judges  of  election  shall  appoint  clerks,  when  necessary  to 
fill  vacancies,  and  the  judges  and  clerks  shall  take  the  same  oath 

2 


18 


Cities  and  Villages. 


and  have  the  same  powers  and  authority  as  the  judges  and  clerks 
of  general  state  elections.  After  the  closing  of  the  polls,  the 
ballots  shall  be  counted  and  the  returns  made  out  and  returned, 
under  seal,  to  the  city  or  village  clerk,  as  the  case  may  be,  within 
two  days  after  the  election ; and,  thereupon,  the  city  council  or 
board  of  trustees,  as  the*  case  may  be,  shall  examine  and  canvass 
the  same  and  declare  the  result  of  the  election,  and  cause  a statement 
thereof  to  be  entered  upon  its  journals.  [See  “Elections/7  ch.  46, 
§ 48,  et.  seq.] 

58-  Result — tie.  §11.  The  person  having  the  highest 
number  of  votes,  for  any  office,  shall  be  declared  elected.  In  case 
of  a tie  in  the  election  of  any  city  or  village  officer,  it  shall  be 
determined  by  lot,  in  presence  of  the  city  council  or  board  of 
trustees,  in  such  manner  as  they  shall  direct,  which  candidate  or 
candidates  shall  hold  the  office. 

59.  Notice  to  persons  elected  or  appointed.  § 12.  It 
shall  be  the  duty  of  the  village  or  city  clerk,  within  five  days  after 
the  result  of  the  election  is  declared  or  appointment  made,  to  notify 
all  persons  elected  or  appointed  to  office  of  their  election  or 
appointment,  and  unless  such  persons  shall  respectively  qualify  in 
ten  days  after  such  notice,  the  office  shall  become  vacant. 

60  When  no  quorum  in  office — special  election. 
§ 13.  If,  for  any  cause,  there  shall  not  be  a quorum  in  office  of  the 
city  council  or  board  of  trustees,  the  mayor,  clerk,  or  any  alderman 
or  trustee,  as  the  case  may  be,  may  appoint  the  time  and  place  for 
holding  a special  election  to  supply  such  vacancy  and  give  notice 
and  appoint  the  judges  thereof. 

61.  Special  elections.  § 14.  If  there  is  a failure  to  elect 
any  officer  herein  required  to  be  elected,  or  the  person  elected 
should  fail  to  qualify,  the  city  council  or  board  of  trustees  may 
forthwith  order,  a new  election  therefor ; and  in  all  cases,  when 
necessary  for  the  purposes  of  this  act,  may  call  special  elections, 
appoint  judges  and  clerks  thereof,  canvass  the  returns  thereof,  and 
provide  by  ordinance  for  the  mode  of  conducting  the  same ; and 
shall  give  notice  of  such  special  elections,  in  which  shall  be  stated 
the  questions  to  be  voted  upon,  and  cause  such  notices  to  be 
published  or  posted  for  the  same  length  of  time  and  in  the  same 
manner  as  is  required  in  the  case'  of  regular  annual  elections  in  suclx 
cities  or  villages. 


Cities  and  Villages. 


19 


ARTICLE  V. 

OF  TIIE  POWERS  OF  THE  CITY  COUNCIL. 


Section. 

1.  General  powers  of  the  city  council. 

2.  Power  to  license,  tax,  etc.,  itinerant  merchants,  etc. 

3.  Style  of  ordinances. 

4.  Publication  of  ordinances — when  they  take  effect. 

5.  Proof  of  ordinances. 

6.  Suits  for  violating  ordinances. 

7.  Fines  and  licenses  paid  to  treasurer. 

8.  Summons — affidavit— punishment. 

9.  Jurisdiction  of  justices,  etc. 

10.  Constables  and  Sheriffs  may  serve  process,  etc. 

11.  Jurisdiction  over  water. 

62.  General  powers  of  the  city  council.  § 1.  The  city 
council  in  cities,  and  president  and  board  of  trustees  in  villages, 
shall  have  the  following  powers  : 

First  To  control  the  finances  and  property  of  the  corporation. 

Second.  To  appropriate  money  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third.  To  levy  and  collect  taxes  for  general  and  special 
purposes  on  real  and  personal  property. 

Fourth.  To  fix  the  amount,  terms  and  manner  of  issuing  and 
revoking  licenses. 

Fifth.  To  borrow  money  on  the  credit  of  the  corporation  for 
corporate  purposes,  and  issue  bonds  therefor,  in  such  amounts  and 
form,  and  on  such  conditions  as  it  shall  prescribe,  but  shall  not 
become  indebted  in  any  manner  or  for  any  purpose  to  any  amount, 
including  existing  indebtedness,  in  the  aggregate  to  exceed  five  (5) 
per  centum  on  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  last  assessment  for  state  and  county  taxes  previous 
to  the  incurring  of  such  indebtedness  ;•  and  before  or  at  the  time  of 
incurring  any  indebtedness,  shall  provide  for  the  collection  of  a 
direct  annual  tax  sufficient  to  pay  the  interest  on  such  debt  as  it 
falls  due,  and  also  to  pay  and  discharge  the  principal  thereof  within 
twenty  years  after  contracting  the  same. 

Sixth.  To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh.  To  lay  out,  to  establish,  open,  alter,  widen,  extend, 
grade,  pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks, 
wharves,  parks  and  public  grounds,  and  vacate  the  same. 


20 


Cities  and  Villages. 


Eighth . To  plant  trees  upon  the  same. 

Ninth.  To  regulate  the  use  of  the  same. 

Tenth.  To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh.  To  provide  for  the  lighting  of  the  same. 

Twelfth.  To  provide  for  the  cleansing  of  the  same. 

Thirteenth.  To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of 
sewers,  tunnels  and  drains,  and  erecting  gas  lights : Provided , 
however,  that  any  company  heretofore  organized  under  the  general 
laws  of  this  state,  or  any  association  of  persons  organized,  or  which 
may  he  hereafter  organized  for  the  purpose  of  manufacturing 
illuminating  gas  to  supply  cities  or  villages,  or  the  inhabitants 
thereof  with  the  same,  shall  have  the  right,  by  consent  of  the 
common  council  (subject  to  existing  rights),  to  .erect  gas  factories, 
and  lay  down  pipes  in  the  streets  or  alleys  of  any  city  or  village  in 
this  state,  subject  to  such  regulations  as  any  such  city  or  village  may 
by  ordinance  impose. 

Fourteenth.  To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder  ; and  to  require  the  owner  or  occupant  of  any  premises 
to  keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow 
and  other  obstructions. 

Fifteenth.  To  regulate  and  prevent  the  throwing  or  depositing 
of  ashes,  offal,  'dirt,  garbage  or  any  offensive  matter  in,  and  to 
prevent  injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteen.  To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth.  To  regulate  and  prevent  the  use  of  streets,  sidewalks 
and  public  grounds  for  signs,  sign  posts,  awnings,  awning  posts,  tele- 
graph poles,  horse  troughs,  racks,  posting  handbills  and  advertise- 
ments. 

Eigideenth.  To  regulate  and  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  advertisements  or  handbills  in  the  streets  or 
public  grounds,  or  upon  the  sidewalks. 

Nineteenth.  To  regulate  and  prevent  the  flying  of  flags,  banners 
or  signs  across  the  streets  or  from  houses. 

Twentieth.  To  regulate  traffic  and  sales  upon  the  streets,  side- 
walks and  public  places. 

Twenty-first.  To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

Twenty-second.  To  regulate  the  numbering  of  houses  and  lots. 


Cities  and  Villages 


21 


Twenty-third.  To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 

Twenty-fourth.  To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a track  of  any  horse  railroad  in  any  street, 
alley  or  public  place;  but  such  permission  shall  not  be  for  a longer 
time  than  twenty  years. 

Twenty -fifth.  To  provide  for  and  change  the  location,  grade  and 

crossings  of  any  railroad. 

Twenty-sixth.  To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets  and  public  roads,  and  keep  the  same 
in  repair,  within  the  limits  of  the  corporation.  In  case  any  railroad 
company  shall  fail  to  comply  with  any  such  ordinance,  it  shall  be 
liable  for  all  damages  the  owner  of  any  cattle  or  horses  or  other 
domestic  animal,  may  sustain,  by  reason  of  injuries  thereto  while  on 
the  track  of  such  railroad,  in  like  manner  and  extent  as  under  the 
general  laws  of  this  state,  relative  to  the  fencing  of  railroads;  and 
actions  to  recover  such  damages  may  be  instituted  before  any  justice 
of  the  peace  or  other  court  of  competent  jurisdiction. 

Twenty -seventh.  To  require  railroad  companies  to  keep  flagmen 
at  railroad  crossings  of  streets,  and  provide  protection  against  injury 
to  persons  and  property  in  the  use  of  such  railroads.  To  compel 
such  railroad  to  raise  or  lower  their  railroad  tracks  to  conform  to  any 
grade  which  may,  at  any  time,  be  established  by  such  city,  and  where 
such  tracks  run  lengthwise  of  any  such  street,  alley  or  highway,  to 
keep  their  railroad  tracks  on  a level  with  the  street  surface,  and  so 
that  such  tracks  may  be  crossed  at  any  place  on  such  street,  alley  or 
highway.  To  compel  and  require  railroad  companies  to  make  and 
keep  open  and  to  keep  in  repair  ditches,  drains,  sewers  and  culverts 
along  and.  under  their  railroad  tracks,  so  that  filthy  or  stagnant  pools 
of  water  cannot  stand  on  their  grounds  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth.  To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof.  [See  § 194.] 

Twenty-ninth.  To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth.  To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water  courses. 

Thirty-first.  To  construct  and  keep  in  repair  canals  and  slips 
for  the  accommodation  of  commerce. 

Thirty-second , To  erect  and  keep  in  repair  public  landing  places, 
wharves,  docks  and  levees.  [See  § 219-220.] 


22 


Cities  and  Villages. 


Thirty-third.  To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks  and  levees. 

Thirty -fourth.  To  control  and  regulate  the  anchorage,  moorage 
and  landing  of  all  water  craft  and  their  cargoes  within  the  jurisdic- 
tion of  the  corporation. 

Thirty-fifth.  To  license,  regulate  and  prohibit  wharf  boats,  tugs 
and  other  boats  used  about  the  harbor  or  within  such  jurisdiction. 

Thirty-sixth.  To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh.  To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landing  place, 
wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty -eighth.  To  make  regulations  in  regard  to  the  use  of  harbors, 
towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth.  To  appoint  harbor  masters,  and  define  their  duties. 

Fortieth.  To  provide  for  the  cleansing  and  purification  of  waters, 
w'ater  courses  and  canals,  and  the  draining  or  filling  of  ponds  on 
private  property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Forty-first.  To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals 
and  other  exhibitions,  shows  and  amusements,  and  to  revoke  such 
license  at  pleasure. 

Forty-second.  To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all  others 
pursuing  like  occupations,  and  to  prescribe  their  compensation. 

Forty-third.  To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty  fourth.  To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  implements  kept 
or  used  for  a similar  purpose  in  any  place  of  public  resort,  pin  alleys 
and  ball  alleys. 

Forty -fifth.  To  suppress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within  three 
miles  of  the  outer  boundaries  of  the  city  ; and  also  to  suppress  gaming 
and  gambling  houses,  lotteries,  and  all  fraudulent  devices  and  prac- 
tices for  the  purposes  of  gaming  or  obtaining  money  or  property; 
and  to  prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publica- 
tions, prints,  pictures  or  illustrations.  [See  § 216-217.] 

Forty-sixth.  To  license,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor, 
the  license  not  to  extend  beyond  the  municipal  year  in  which  it  shall 
be  granted,  and  to  determine  the  amount  to  be  paid  for  such  license: 
Provided , that  the  city  council  in  cities,  or  president  and  board  of 


Cities  and  Villages. 


23 


trustees  in  villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  subject  to  forfeiture,  and  under  such  restrictions  and  regulations 
as  may  be  provided  by  ordinance:  Provided,  further,  that  in  grant- 
ing licenses  such  corporate  authorities  shall  comply  with  whatever 
general  law  of  the  state  may  be  in  force  relative  to  the  granting  of 
licenses. 

Forty -seventh.  The  foregoing  shall  not  be  construed  to  alfect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore 
granted. 

Forty -eighth.  And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  to  any  minor,  apprentice  or  servant,  or 
insane,  idiotic  or  distracted  person,  habitual  drunkard,  or  person 
intoxicated. 

Forty-ninth.  To  establish  markets  and  market  houses,  and  provide 
for  the  regulation  and  use  thereof. 

Fiftieth.  To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Fifty-first.  To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second.  To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third k To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal,  and  other  provisions. 

Fifty-fourth. . To  regulate  the  inspection,  weighing  and  measuring 
of  brick,  lumber,  fire  wood,  coal,  hay,  and  any  article  of  merchandise. 

Fifty  fifth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Fifty-sixth.  To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

Fifty -seventh.  To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants/ pumps,  sewers  and  gutters. 

Fifty-eighth.  To  regulate  places  of  amusement. 

Fifty -ninth.  To  prevent  intoxication,  fighting,  quarreling,  dog 

fights,,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth.  To  regulate  partition  fences  and  party  walls. 

Sixty  first.  To  prescribe  the  thickness,  strength  and  manner  of 
constructing  stone,  brick  and  other  buildings,  and  construction  of 
fire  escapes  therein. 


24 


Cities  and  Villages. 


Sixty-second.  The  city  council,  and  the  president  and  trustees 
in  villages,  for  the  purpose  of  guarding  against  the  calamities  offire? 
shall  have  power  to  prescribe  the  limits  within  which  wooden  build- 
ings shall  not  be  erected  or  placed  or  repaired,  without  permission., 
and  to  direct  that  all  and  any  buildings  within  the  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the 
extent  of  fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  damage.  ' 

Sixty-third.  To  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens,  boilers 
and  apparatus  used  in  and  about  any  building  or  manufactory,  and  to 
cause  the  same  to  be  removed  or  placed  in  a safe  condition,  when 
considered  dangerous;  to  regulate  and  prevent  the  carrying  on  of 
manufactories,  dangerous  in  causing  and  promoting  fires;  to  prevent 
the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all  such  buildings 
and  inclosures  as  may  be  in  a dangerous  state  to  be  put  in  a safe 
condition. 

Sixty -fourth.  To  erect  engine  houses,  and  provide  fire  engines,, 
hose  carts,  hooks  and  ladders,  and  other  implements  for  prevention 
and  extinguishment  of  fires,  and  provide  for  the  use  and  management 
of  the  same  by  voluntary  fire  companies  or  otherwise. 

Sixty -fifth.  To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  rosin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro- 
glycerine, petroleum,  or  any  of  the  products  thereof,  and  other  com- 
bustible or  explosive  material,  and  the  use  of  lights  in  stables,  shops, 
and  other  places,  and  the  building  of  bonfires  ; also  t6  regulate  and 
restrain  the  use  of  fire-works,  fire-crackers,  torpedoes,  Roman  candles, 
sky-rockets  and  other  pyrotechnic  displays. 

Sixty-sixth.  To  regulate  the  police  of  the  cityor  village,  and  pas* 
and  enforce  all  necessary  police  ordinances. 

Sixty -seventh.  To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth.  To  prescribe  the  duties  and  powers  of  a superin- 
tendent of  police,  policemen  and  watchmen. 

Sixty-ninth.  To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  work  houses,  for  the  reformation  and  confinement 
of  vagrants,  idle  and  disorderly  persons,*  and  persons  convicted  of 
violating  any  city  or  village  ordinance,  and  make  rules  and 
regulations  for  the  government  of  the  same,  and  appoint  necessary 
keepers  and  assistants. 

Seventieth.  To  use  the  county  jail  for  the  confinement  or  punish- 
ment of  offenders,  subject  to  such  conditions  as  are  imposed  by 
law,  and  with  the  consent  of  the  county  board. 

Seventy-first.  To  provide  by  ordinance  in  regard  to  the  relation 


Cities 


and  Villages. 


between  all  the  officers  and  employees  of  the  corporation  in  respect 
to  each  other,  the  corporation  and  the  people. 

Seventy- second.  To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  private 
place. 

Seventy-third.  To  prohibit  and  punish  cruelty  to  animals. 

Seventy -fourth.  To  restrain  and  punish  vagrants,  mendicants 
and  prostitutes. 

Seventy-fifth.  To  declare  what  shall  be  a nuisance,  and  to  abate 
the  same  ; and  to  impose  fines  upon  parties  who  may  create,  continue 
or  suffer  nuisances  to  exist. 

Seventy-sixth.  To  appoint  a board  of  health  and  prescribe  its 
powers  and  duties. 

Seventy-seventh.  To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth.  To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  or  the 
suppression  of  disease. 

Seventy  ninth.  To  establish  and  regulate  cemeteries  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their 
establishment  within  one  mile  of  the  corporation. 

Eightieth.  To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a tax  on  dogs. 

Eighty-first.  To  direct  the  location  and  regulate  the  management 
and  construction  of  packing  houses,  renderies,  tallow  chandleries, 
bone  factories,  soap  factories  and  tanneries,  within  the  limits  of  the 
city  or  village,  and  within  the  distance  of  one  mile  without  the 
city  or  village  limits. 

Eighty  second.  To*direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stables,  blacksmith 
shops  and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third.  To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  within  or  within  one  mile  of  the  limits  of  the 
corporation. 

Eighty -fourth.  To  compel  the  owner  of  any  grocery,  cellar,  soap 
or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate  or 
remove  the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth.  The  city  council,  or  trustees  of  a village  shall  have 
power  to  provide  for  the  taking  of  the  city  or  village  census;  but 
no  city  or  village  census  shall  be  taken  by  authority  of  the  council 
or  trustees  oftener  than  once  in  three  years. 


Cities  and  Villages. 


2 b 


Eiglity-sixth.  To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty -seventh.  To  establish  ferries,  toll  bridges,  and  license 
and  regulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 

Eighty -eighth.  To  organize  the  construction  of  mills,  mill-races 
and  feeders  on,  through  or  across  the  streets  of  the  city  or  village, 
at  such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth.  The  city  council  shall  have  power,  by  condemna- 
tion or  otherwise,  to  extend  any  street,  alley  or  highway  over  or 
across,  or  to  construct  any  sewer  under  or  through  any  railroad 
track,  right  of  way,  or  land  of  any  railroad  company  ( within  the 
corporate  limits ) ; but  where  no  compensation  is  made  to  such 
railroad  company,  the  city  shall  restore  such  railroad  track,  right 
of  way  or  land  to  its  former  state,  or  in  a sufficient  manner  not  to 
have  impaired  its  usefulness. 

Ninetieth.  The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of  or  the  right  to  lay  down  any  railroad 
tracks  in  any  street  of  the  city  to  any  steam,  dummy,  electric,  cable, 
horse  or  other  railroad  company,  whether  the  same  shall  be 
incorporated  under  any  general  or  special  law  of  the  state,  now  or 
hereafter  in  force,  except  upon  the  petition  of  the  owners  of  the 
land  representing  more  than  one-half  of  the  frontage  of  the  street, 
or  so  much  thereof  as  is  sought  to  be  used  for  railroad  purposes,  and 
when  the  street  or  part  thereof  sought  to  be  used  shall  be  more 
than  one  mile  in  extent,  no  petition  of  land  owners  shall  be  valid 
unless  the  same  shall  be  signed  by  the  owners  of  the  land 
representing  more  than  one-half  of  the  frontage  of  each  mile  and 
of  the  fraction  of  a mile,  if  any,  in  excess  of  the  whole  miles, 
measuring  from  the  initial  point  named  in  such  petition,  of  such 
street  or  of  the  part  thereof  sought  to  be  used  for  railroad  purposes. 

Ninety-first.  To  tax,  license  and  regulate  ^auctioneers,  distillers, 
brewers,  iumber  yards,  livery  stables,  public  scales,  money  changers 
and  brokers. 

Ninety -second.  To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  practice 
having  a tendency  to  annoy  persons  passing  in  the  streets  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third.  To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber, 
timber,  wood,  or  other  combustible  material^  within  the  fire  limits 
of  the  city. 

Ninety -fourth.  To  provide,  by  ordinance,  that  all  the  paper, 
printing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed  for 
the  use  of  the  city,  shall  be  furnished  by  contract,  let  to  the  lowest 
bidder. 


Cities  and  Villages. 


27 


Ninety-fifth.  To  tax,  license  and  regulate  second-hand  and  junk 
stores,  and  to  forbid  their  purchasing  or  receiving  from  minors, 
without  the  written  consent  of  their  parants  or  guardians,  any 
article  whatsoever. 

Ninety-sixth.  To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the  powers 
granted  to  cities  or  villages,  with  such  fines  or  penalties  as  the  city 
council  or  board  of  trustees  shall  deem  proper:  Provided , no  fine 
or  penalty  shall  exceed  $200  and  no  imprisonment  shall  exceed  six 
months  for  one  offense.  [As  amended  by  act  approved  and  in 
force  March  30,  1887.] 

62a.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly , That  the  city  council  in  cities 
and  the  president  and  board  of  trustreesin  villages  and  incorporated 
towns,  shall  have  power  to  license,  tax,  regulate,  suppress  or 
prohibit  itinerant  merchants  and  transient  vendors  of  merchandise. 

63.  Style  of  ordinances.  §2.  The  style  of  the  ordinances 

in  cities  shall  be  : “ Be  it  ordained  by  the  City  Council  of 

64.  Publication  of  ordinances  — when  take  effect. 
§ 3.  All  ordinances  of  cities  and  villages  imposing  any  fine,  penalty, 
imprisonment  or  forfeiture,  or  making  any  appropriation,  shall, 
within  one  month  after  they  are  passed,  be  published  at  least  once 
in  a newspaper  published  in  the  city  or  village,  or,  if  no  such 
newspaper  is  published  therein,  by  posting  copies  of  the  same  in 
three  public  places  in  the  city  or  village ; and  no  such  ordinance 
shall  take  effect  until  ten  days  after  it  is  so  published.  And  all 
other  ordinances,  orders  and  resolutions  shall  take  effect  from  and 
after  their  passage,  unless  otherwise  provided  therein. 

65.  Proof  op  ordinances.  § 4.  All  ordinances,  and  the 
date  of  publication  thereof,  may  be  proven  by  the  certificate  of  the 
clerk,  under  the  seal  of  the  corporation.  And  when  printed  in 
book  or  pamphlet  form,  and  purporting  to  be  published  by  authority 
of  the  board  of  trustees  or  the  city  council,  the  same  need  not  be 
otherwise  published;  and  such  book  or  pamphlet  shall  be  received 
as  evidence  of  the  passage  and  legal  publication  of  such  ordinances, 
as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in  all  courts 
and  places  without  further  proof.  [See  “Evidence,”  etc.,  ch.  51.,  § 14.] 

66.  Suits  for  violating  ordinances.  § 5.  All  actions 
brought  to  recover  any  fine,  or  to  enforce  any  penalty,  under  any 
ordinance  of  any  city  or  village,  shall  be  brought  in  the  corporate 
name  of  the  city  or  village  as  plaintiff* ; and  no  prosecution,  recovery 


28 


Cities  and  Villages. 


or  acquittal,  for  the  violation  of  any  such  ordinance,  shall  constitute  a 
defense  to  any  other  prosecution  of  the  same  party  for  any  other 
violation  of  any  such  ordinance,  although  the  different  causes  of 
action  existed  at  the  same  time,  and,  if  united,  would  not  have 
exceeded  the  jurisdiction  of  the  court  or  magistrate. 

67.  Fines  and  licenses — paid  to  treasurer.  § 6.  All 
fines  and  forfeitures  for  the  violation  of  ordinances,  when  collected, 
and  all  moneys  collected  for  licenses  or  otherwise,  shall  be  paid  into 
the  treasury  of  the  corporation,  at  such  times  and  in  such  manner 
as  may  be  prescribed  by  ordinance. 

68.  Summons  — affidavit  — punishment.  § 7.  In  all 
actions  for  the  violation  of  any  ordinance,  the  first  process  shall  be 
a summons : Provided , however,  that  a warrant  for  the  arrest  of 
the  offender  may  issue  in  the  first  instance  upon  the  affidavit  of  any 
person  that  any  such  ordinance  has  been  violated,  and  that  the 
person  making  the  complaint  has  reasonable  grounds  to  believe 
the  party  charged  is  guilty  thereof ; and  any  person  arrested  upon 
such  warrant  shall,  without  unnecessary  delay,  be  taken  before  the 
proper  officer  to  be  tried  for  the  alleged  offense.  Any  person  upon 
whom  any  fine  or  penalty  shall  be  imposed,  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is  had,  be 
committed  to  the  county  jail  or  the  calaboose,  city  prison,  work 
house,  house  of  correction,  or  other  place  provided  by  the  city  or 
village  for  the  incarceration  of  offenders,  until  such  fine,  penalty 
and  cost  shall  be  fully  paid  : Provided , that  no  such  imprisonment 
shall  exceed  six  months  for  any  one  offense.  The  city  council  or 
board  of  trustees  shall  have  power  to  provide,  by  ordinance,  that 
every  person  so  committed  shall  be  required  to  work  for  the 
corporation,  at  such  labor  as  his  or  her  strength  will  permit,  within 
or  without  such  prison,  work  house,  house  of  correction,  or  other 
place  provided  for  the  incarceration  of  such  offenders,  not  exceeding 
ten  hours  each  working  day ; and  for  such  work  the  person  so 
employed  to  be  allowed,  exclusive  of  his  or  her  board,  $2  for  each 
day’s  work  on  account  of  such  fine  and  cost. 

69.  Jurisdiction  of  justices,  etc.  § 8.  Any  and  all 
justices  of  the  peace  and  police  magistrates  shall  have  jurisdiction 
in  all  cases  arising  under  the  provisions  of  this  act,  or  any  ordinance 
passed  in  pursuance  thereof. 

70.  Constable  or  sheriff  may  serve  process,  etc.  § 9. 
Any  constable  or  sheriff*  of  the  county  may  serve  any  process,  or 
make  any  arrests  authorized  to  be  made  by  any  city  officer. 


Cities  and  Villages. 


-9 


71.  Jurisdiction  oyer  waters  — street  labor.  § 10. 
The  city  or  village  government  shall  have  jurisdiction  upon  all 
waters  within  or  bordering  upon  the  same,  to  the  extent  of  three 
miles  beyond  the  limits  of  the  city  or  village,  but  not  to  exceed  the 
limits  of  the  state;  and  may,  by  ordinance,  require  every  able-bodied 
male  inhabitant,  of  such  city  or  village,  above  the  age  of  twenty- 
one  years  and  under  the  age  of  fifty  years,  (excepting  paupers, 
idiots,  lunatics,  and  such  others  as  are  exempt  by  law,)  to  labor  on 
the  streets  and  alleys  of  such  city  or  village,  not  more  than  three 
days  in  each  year,  but  such  ordinance  shall  provide  for  commutation 
of  such  labor  at  not  more  than  one  dollar  and  fifty  cents  per  day. 
[As  amended  by  act  approved  April  10,  1875.] 


ARTICLE  VI. 


OFFICERS — THEIR  POWERS  AND  DUTIES. 


Section. 

1.  Officers  enumerated. 

2.  Other  officers — duties  of  the  city  marshal. 

3.  Appointment — vacancies — duties — powers. 

4.  Oath — bond. 

5.  Commission — certificate — delivery  to  successor. 

6.  Qualifications  of  officers. 

7.  Officers  not  to  be  interested  in  contracts. 

8.  Bribery— penalty. 

9.  Mayor,  etc.,  not  to  hold  other  office. 

10.  Duties  of  clerk. 

11.  Record  of  ordinances.  • 

12.  Conservators  of  the  peace — powers. 

13.  Compensation  of  mayor. 

14.  Compensation  of  aldermen,  etc. 

15.  Compensation  of  other  officers. 

16.  Administering  oaths. 

72.  Officers  enumerated.  § 1.  There  shall  be  elected, 
in  all  cities  organized  under  this  act,  the  following  officers,  viz  : 
a mayor,  a city  council,  a city  clerk,  city  attorney,  and  a city 
treasurer. 

73.  Other  officers — duties  of  city  marshal.  §2.  The 
city  council  may,  In  its  discretion,  from  time  to  time,  by  ordinance 
passed  by  a vote  of  two-thirds  of  all  the  aldermen  elected,  provide 
for  the  election  by  the  legal  voters  of  the  city,  or  the  appointment 
by  the  mayor,  with  the  approval  of  the  city  council,  of  a city 


30 


Cities  and  Villages. 


collector,  a city  marshal,  a city  superintendent  of  streets,  a 
corporation  counsel,  a city  comptroller,  or  any  or  either  of  them,  and 
such  other  officers  as  may  by  said  council  be  deemed  necessary  or 
expedient.  The  city  council  may,  by  a like  vote,  by  ordinance  or 
resolution,  to  take  effect  at  the  end  of  the  then  fiscal  year, 
discontinue  any  office  so  created,  and  devolve  the  duties  thereof  on 
any  other  city  officer  ; and  no  officer,  filling  any  such  office  so 
discontinued,  shall  have  any  claim  against  the  ’city  on  account  of 
his  salary,  after  such  discontinuance.  The  city  marshal  shall 
perform  such  duties  as  shall  be  prescribed  by  the  city  council  for 
the  preservation  of  the  public  peace,  and  the  observance  and 
enforcement  of  the  ordinances  and  laws;  he  shall  possess  the  power 
and  authority  of  a constable  at  common  law,  and  under  the  statutes 
of  this  state. 

74.  Appointment — vacancies — duties — powers.  § 3.  All 
officers  of  any  city,  except  where  herein  otherwise  provided,  shall  be 
appointed  by  the  mayor  (and  vacancies  in  all  offices  except  the 
mayor  and  aldermen  shall  be  filled  by  like  appointment)  by  and 
with  the  advice  and  consent  of  the  city  council.  The  city  council 
may,  by  ordinance  not  inconsistent  with  the  provisions  of  this  act, 
prescribe  the  duties  and  define  the  powers  of  all  such  officers, 
together  with  the  term  of  any  such  office  : Provided , the  term  shall 
not  exceed  two  years.  [See  § 15-18-32.] 

7 5.  Oath — bond.  §4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation  : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support 
the  constitution  of  the  United  States  and  the  constitution  of  the  State  of 

Illinois,  and  that  I will  faithfully  discharge  the  duties  of  the  office  of 

according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  clerk.  And  all  such  officers,  except  aldermen  and 
trustees,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  execute  a bond  with  security,  to  be  approved  by  the  city 
council  or  board  of  trustees,  payable  to  the  city  or  village,  in  such 
penal  sum  as  may,  by  resolution  or  ordinance,  be  directed, 
conditioned  for  the  faithful  performance  of  the  duties  of  the  office 
and  the  payment  of  all  moneys  received  by  such  officer,  according 
to  law  and  the  ordinances  of  said  city  or  village : Provided , 
however,  that  in  no  case  shall  the  mayor’s  bond  be  fixed  at  a less 
sum  than  three  thousand  dollars  ($3,000);  nor  shall  the  treasurer’s 


Cities  and  Villages. 


31 


bond  be  fixed  at  a less  sum  than  the  amount  of  the  estimated  tax 
and  special  assessments  for  the  current  year — which  bonds  shall  be 
filed  with  the  clerk  (except  the  bond  of  the  clerk,  which  shall  be 
filed  with  the  treasurer). 

76.  Commission — certificate — delivery,  etc.  § 5.  All 
officers  elected  or  appointed  under  this  act  (except  the  clerk, 
aldermen  and  mayor,  and  trustees),  shall  be  commissioned  by 
warrant,  under  the  corporate  seal,  signed  by  the  clerk  and  the 
mayor  or  presiding  officer  of  the  city  council  or  board  of  trustees. 
The  mayor  or  president  of  the  board  of  trustees  shall  issue  a 
certificate  of  appointment  or  election,  under  the  seal  of  the 
corporation,  to  the  clerk  thereof,  and  any  person  having  been 
an  officer  of  the  city  or  village,  shall,  within  five  days  after 
notification  and  request,  deliver  to  his  successor  in  office  all 
property,  books  and  effects  of  every  description  in  his  possession, 
belonging  to  the  city  or  village,  or  appertaining  to  his  said  office; 
and  upon  his  refusal  to  do  so,  shall  be  liable  for  all  the  damages 
caused  thereby,  and  to  such  penalty  as  may  by  ordinance  be 
prescribed. 

77.  Qualifications  of  officers.  § 6.  No  person  shall  be 
eligible  to  any  office  who  is  not  a qualified  elector  of  the  city  or 
village,  and  who  shall  not  have  resided  therein  at  least  one  year 
next  preceding  his  election  or  appointment,  nor  shall  any  person 
be  eligible  to  any  office  who  is  a defaulter  to  the  corporation. 

78.  Not  to  be  interested  in  contracts,  etc.  § T.  No 
officer  shall  be  directly  or  indirectly  interested  in  any  contract, 
work  or  business  of  the  city,  or  the  sale  of  any  article,  the  expense, 
price  or  consideration  of  which  is  paid  from  the  treasury,  or  by  any 
assessment  levied  by  any  act  or  ordinance  ; nor  in  the  purchase  of 
any  real  estate  or  other  property  belonging  to  the  corporation,  or 
which  shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal 
process  at  the  suit  of  said  corporation. 

79.  Bribery — penalty.  § 8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be 
promised,  offered  or  given,  or  furnish  or  agree  to  furnish,  in  whole 
or  in  part,  to  be  promised,  offered  or  given  to  any  member  of  the 
city  council  or  board  of  trustees,  or  any  officer  of  the  corporation, 
after  or  before  his  election  or  appointment  as  such  officer,  any 
moneys,  goods,  right  in  fiction,  or  other  property  or  anything  of 
value,  any  pecuniary  advantage,  present  or  prospective,  with  intent 
to  influence  his  vote,  opinion,  judgment  or  action  on  any  question, 
matter,  cause  or  proceeding  which  may  be  then  pending,  or  may  by 


32 


Cities  and  Villages. 


law  be  brought  before  him  in  his  official  capacity,  shall,  upon 
conviction,  be  imprisoned  in  the  penitentiary  for  a term  not 
exceeding  two  years,  or  shall  be  fined  not  exceeding  $5,000,  or 
both,  in  the  discretion  of  the  court.  Every  officer  who  shall  accept 
any  such  gift  or  promise,  or  undertaking  to  make  the  same  under 
any  agreement  or  understanding  that  his  vote,  opinion,  judgment 
or  action  shall  be  influenced  thereby,  or  shall  be  given  in  any 
question,  matter,  cause  or  proceeding  then  pending,  or  which  may 
by  law  be  brought  before  him  in  his  official  capacity,  shall,  upon 
conviction,  be  disqualified  from  holding  any  public  office,  trust  or 
appointment  under  the  city  or  village,  and  shall  forfeit  his  office, 
and  shall  be  punished  by  imprisonment  in  the  penitentiary  not 
exceeding  two  years,  or  by  a fine  not  exceeding  $5,000,  or  both,  in 
the  discretion  of  the  court.  Every  person  offending  against  either 
of  the  provisions  of  this  section,  shall  be  a competent  witness 
against  any  other  person  offending  in  the  same  transaction,  and 
may  be  compelled  to  appear  and  give  evidence  before  any  grand 
jury  or  in  any  court  in  the  same  manner  as  other  persons  ; but  the 
testimony  so  given  shall  not  be  used  in  any  prosecution  or  proceeding, 
civil  or  criminal,  against  the  person  so  testifying. 

80.  Not  to  hold  other  office.  § 9.  No  mayor,  alderman, 
city  clerk,  or  treasurer,  shall  hold  any  other  office  under  the  city 
government  during  his  term  of  office. 

81.  Duties  of  clerk.  § 10.  The  clerk  shall  keep  the 
corporate  seal,  to  he  provided  under  the  direction  of  the  city  council 
or  board  of  trustees,  and  all  papers  belonging  to  the  city  or  village; 
he  shall  attend  all  meetings  of  the  city  council  or  board  of  trustees, 
and  keep  a full  record  of  its  proceedings  in  the  journal ; and  copies 
of  all  papers  duly  filed  in  his  office,  and  transcripts  from  the 
journals  and  other  records  and  files  of  his  office,  certified  by  him 
under  the  corporate  seal,  shall  be  evidence  in  all  courts  in  like 
manner  as  if  the  originals  were  produced. 

82.  Record  of  ordinances.  § 11.  The  clerk  shall  record, 
in  a book  to  be  kept  for  that  purpose,  all  ordinances  passed  by  the 
city  council  or  board  of  trustees,  and  at  the  foot  of  the  record  of 
each  ordinance  so  recorded  shall  make  a memorandum  of  the  date 
of  the  passage  and  of  the  publication  or  posting  of  such  ordinance, 
which  record  and  memorandum,  or  a certified  copy  thereof,  shall 
be  prima  facie  evidence  of  the  passage  and  legal  publication  or 
posting  of  such  ordinances  for  all  purposes  whatsoever. 

83.  Conservators  of  the  peace  — powers.  § 12.  The 
trustees  in  villages,  the  mayor,  aldermen,  and  the  marshal  and  his 


Cities  and  Villages. 


33 


deputies,  policemen  and  watchmen,  in  cities,  if  any  such  be 
appointed,  shall  be  conservators  of  the  peace ; and  all  officers 
created  conservators  of  the  peace  by  this  act,  or  authorized  by  any 
ordinance,  shall  have  power  to  arrest,  or  cause  to  be  arrested,  with 
or  without  process,  all  persons  who  shall  break  the  peace,  or  be 
found  violating  auy  ordinance  of  the  city  or  village  or  any  criminal 
law  of  the  state,  commit  for  examination,  and  if  necessary,  detain 
such  persons  in  custody  over  night  or  Sunday  in  the  watch  house, 
or  any  other  safe  place,  or  until  they  can  be  brought  before  the 
proper  magistrate,  and  shall  have  and  exercise  such  other  powers, 
as  conservators  of  the  peace,  as  the  city  council  or  board  of  trustees 
may  prescribe.  All  warrants  for  the  violation  of  ordinances,  and  all 
criminal  warrants  to  whomsoever  directed,  may  be  served  and 
executed  within  the  corporate  limits  of  any  such  city  or  village  by 
auy  policeman  of  such  city  or  village ; such  policemen  being 
hereby  clothed  with  all  the  common  law  and  statutory  power  of 
constables  for  such  purposes.  [As  amended  by  laws  of  1883.] 

84.  Compensation  of  mayor.  § 13.  The  mayor  of  any 
city  shall  receive  such  compensation  as  the  city  council  may  by 
ordinance  direct,  but  his  compensation  shall  not  be  changed  during 
his  term  of  office. 

85.  Compensation  of  aldermen,  etc  §14.  The  aldermen 
and  trustees  may  receive  such  compensation  for  their  services  as 
shall  be  fixed  bv  ordinance : Provided , however,  such  compensation 
shall  not  exceed  $3  to  each  alderman  or  trustee  for  each  meeting  of 
the  city  council,  or  board  of  trustees,  actually  attended  by  him, 
and  no  other  compensation  than  for  attendance  upon  such  meetings 
shall  be  allowed  to  any  alderman  or  trustee  for  any  services 
whatsoever.  Such  compensation  shall  not  be  changed,  after  it  has 
been  once  established,  so  as  to  take  effect  as  to  any  alderman  or 
trustee  voting  for  such  change,  during  his  term  of  office. 

86.  Compensation  of  other  officers.  § 15.  All  other 
officers  may  receive  a salary,  fees  or  other  compensation  to  be  fixed 
by  ordinance,  and  after  the  same  has  been  once  fixed,  such  fees  or 
compensation  shall  not  be  increased  or  diminished,  to  take  effect 
during  the  term  for  which  any  such  officer  was  elected  or  appointed ; 
and  every  such  officer  shall  make  and  return  to  the  mayor,  or 
president  of  the  board  of  trustees,  a semi-annual  report,  verified 
by  affidavit,  of  all  such  fees  and  emoluments  received  by  him. 

87.  Administering  oaths.  § 16.  The  mayor  of  any  city, 
and  the  clerk  of  any  city  or  village,  shall  have  power  to  administer 
oaths  and  affirmations  upon  all  lawful  occasions. 

3 


34 


Cities  and  Villages. 


ARTICLE  VII. 


OF  FINANCE. 

Section. 

1.  Fiscal  year. 

2.  Annual  appropriation  ordinance. 

3.  Limitation — emergency — borrowing  money. 

4.  Contracting  liabilities  limited. 

CITY  TREASURER. 

5.  His  duties. 

6.  Funds  kept  separate. 

7.  Receipts. 

8.  Monthly  statements — warrants — vouchers — register. 

9.  Deposit  of  funds — separate  from  his  own. 

10.  Treasurer’s  annual  report — publication. 

11.  Warrants. 

12.  Special  assessment  fund  kept  separate. 

CITY  COLLECTOR. 

13.  His  duties. 

14.  He  shall  report,  etc. — publication. 

15.  Not  to  detain  money — penalty. 

16.  Examination  of  books — paying  over. 

CITY  COMPTROLLER. 

17.  His  powers  and  duties. 

18.  Council  may  define  duties — transfer  of  clerk’s  financial  duties. 

19.  Record  of  bonds  issued  by  city. 

GENERAL  PROVISIONS. 

20.  Further  duties  may  be  required  of  officers. 

21.  Appeal  to  finance  committee. 

22.  Who  may  appoint  subordinates — liability. 

23.  Foreign  insurance  companies — licenses,  etc. — penalties. 

88.  Fiscal  year.  § 1.  The  fiscal  year  of  each  city  or  village 
organized  under  this  act  shall  commence  at  the  date  established  by 
law  for  the  annual  election  of  municipal  officers  therein,  or  at  such 
other  times  as  may  be  fixed  by  ordinance. 

89.  Annual  appropriation  ordinance.  § 2.  The  city 
council  of  cities,  and  board  of  trustees  in  villages,  shall,  within  the 
first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed  the 
annual  appropriation  bill,  in  which  such  corporate  authorities  may 
appropriate  such  sum  or  sums  of  moneyas  maybe  deemed  necessary 
to  defray  all  necessary  expenses  and  liabilities  of  such  corporation ; 
and  in  such  ordinance  shall  specify  the  objects  and  purposes  for 
which  such  appropriations  are  made,  and  the  amount  appropriated 


Cities  and  Villages. 


35 


for  each  object  or  purpose.  No  further  appropriations  shall  be 
made  at  any  other  time  within  such  fiscal  year,  unless  the  proposi- 
tion to  make  each  appropriation  has  been  first  sanctioned  by  a 
majority  of  the  legal  voters  of  such  city  or  village,  either  by  petition 
signed  by  them,  or  at  a general  or  special  election  duly  called 
therefor. 

90.  Limitation  — emergency  — borrowing  money,  etc. 
§ 3.  Neither  the  city  council  nor  the  board  of  trustees,  nor  any 
department  or  officer  of  the  corporation,  shall  add  to  the  corporation 
expenditures  in  any  one  year  any  thing  over  and  above  the  amount 
provided  for  in  the  annual  appropriation  bill  of  that  year,  except 
as  is  herein  otherwise  specially  provided ; and  no  expenditure  for 
an  improvement  to  be  paid  for  out  of  the  general  fund  of  the 
corporation  shall  exceed,  in  any  one  year,  the  amount  provided  for 
such  improvement  in  the  annual  appropriation  bill:  Provided , 
however,  that  nothing  herein  contained  shall  prevent  the  city 
council  or  board  of  trustees  from  ordering,  by  a two-thirds  vote, 
any  improvement,  the  necessity  of  which  is  caused  by  any  casualty 
or  accident  happening  after  such  annual  appropriation  is  made. 
The  city  council  or  board  of  trustees  may,  by  a like  vote,  order 
the  mayor  or  president  of  the  board  of  trustees  and  finance 
committee  to  borrow  a sufficient  amount  to  provide  for  the  expense 
necessary  to  be  incurred  in  making  any  improvements,  the  necessity 
of  which  has  arisen  as  is  last  above  mentioned,  for  a space  of  time 
not  exceeding  the  close  of  the  next  fiscal  year — which  sum,  and 
the  interest,  shall  be  added  to  the  amount  authorized  to  be  raised 
in  the  next  general  tax  levy,  and  embraced  therein.  Should  any 
judgment  be  obtained  against  the  corporation,  the  mayor,  or  president 
of  the  board  of  trustees  and  finance  committee,  under  the  sanction 
of  the  city  council  or  board  of  trustees,  may  borrow  a sufficient 
amount  to  pay  the  same,  for  a space  of  time  not  exceeding  the  close 
of  the  next  fiscal  year — which  sum  and  interest  shall,  in  like 
manner,  be  added  to  the  amount  authorized  to  be  raised  in  the 
general  tax  levy  of  the  next  year,  and  embraced  therein. 

91.  Contracting  liabilities  limited.  §4.  No  contract 
shall  be  hereafter  made  by  the  city  council  or  board  of  trustees,  or 
any  committee  or  member  thereof;  and  no  expense  shall  be 
incurrred  by  any  of  the  officers  or  departments  of  the  corporation, 
whether  the  object  of  the  expenditure  shall  have  been  ordered  by 
the  city  council  or  board  of  trustees  or  not,  unless  an  appropriation 
shall  have  been  previously  made  concerning  such  expense,  except 
as  herein  otherwise  expressly  provided. 


36 


Cities  and  Villages. 


CITY  TREASURER. 

92.  Duties  of  treasurer.  § 5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his  books 
and  accounts  in  such  manner  as  may  be  prescribed  by  ordinance,  and 
such  books  and  accounts  shall  always  be  subject  to  the  inspection  of 
any  member  of  the  city  council  or  board  of  trustees. 

93.  Funds  kept  separate.  §6.  He  shall  keep  a separate 
account  of  each  fund  or  appropriation,  and  the  debts  and  credits 
belonging  thereto. 

94.  Receipts.  § 7.  He  shall  give  every  person  paying  money 
into  the  treasury  a receipt  therefor,  specifying  the  date  of  payment, 
and  upon  what  account  paid  ; and  he  shall  also  file  copies  of  such 
receipts  with  the  clerk,  at  the  date  of  his  monthly  reports. 

95.  Monthly  statements — warrants — vouchers,  etc. 
§ 8.  The  treasurer  shall,  at  the  end  of  each  and  every  month,  and 
oftener,  if  required,  render  an  account  to  the  city  council  or  board 
of  trustees,  or  such  officer  as  may  be  designated  by  ordinance,  (under 
oath),  showing  the  state  of  the  treasury  at  the  date  of  such  account, 
and  the  balance  of  money  in  the  treasury.  He  shall  also  accompany 
such  accounts  with  a statement  of  all  moneys  received  into  the 
treasury,  and  on  what  account,  together  with  all  warrants  redeemed 
and  paid  by  him  : which  said  warrants,  with  any  and  all  vouchers 
held  by  him,  shall  be  delivered  to  the  clerks  and  filed  with  his  said 
account  in  the  clerk’s  office,  upon  every  day  of  such  settlement. 
He  shall  return  all  warrants  paid  by  him  stamped  or  marked 
“ paid.”  He  shall  keep  a register  of  all  warrants  redeemed  and 
paid,  which  shall  describe  such  warrants,  and  show  the  date, 
amount,  number,  the  fund  from  which  paid,  the  name  of  the  person 
to  whom  and  when  paid. 

96.  Deposit  of  funds — separate  from  his  own.  § 9. 
The  treasurer  may  be  required  to  keep  all  moneys  in  his  hands, 
belonging  to  the  corporation,  in  such  place  or  places  of  deposit  as 
may  be  designated  by  ordinance  : Provided , however,  no  such 
ordinance  shall  be  passed  by  which  the  custody  of  such  money  shall 
be  taken  from  the  treasurer  and  deposited  elsewhere  than  in  some 
regularly  organized  bank,  nor  without  a bond  to  be  taken  from 
such  bank,  in  such  penal  sum  and  with  such  security  as  the  city 
council  or  board  of  trustees  shall  direct  and  approve,  sufficient  to 
save  the  corporation  from  any  loss ; but  such  penal  sum  shall  not 
be  less  than  the  estimated  receipts  for  the  current  year  from  taxes 
and  special  assessments  levied,  or  to  be  levied,  by  the  corporation. 


Cities  and  Villages. 


37 


The  treasurer  shall  keep  all  moneys  belonging  to  the  corporation 
in  his  hands  separate  and  distinct  from  his  own  moneys,  and  he  is 
hereby  expressly  prohibited  from  using,  either  directly  or  indirectly, 
the  corporation  money  or  warrants  in  his  custody  and  keeping,  for 
his  own  use  and  benefit,  or  that  of  any  other  person  or  persons 
whomsoever;  and  any  violation  of  this  provision  shall  subject  him 
to  immediate  removal  from  office  by  the  city  council  or  board  of 
trustees,  who  are  hereby  authorized  to  declare  said  office  vacant ; 
and  in  which  case  his  successor  shall  be  appointed,  who  shall  hold 
his  office  for  the  remainder  of  the  term  unexpired  of  such  officer 
so  removed. 

97.  Annual  report — publication.  § 10.  The  treasurer 
shall  report  to  the  city  council  or  board  of  trustees,  as  often  as 
required,  a full  and  detailed  account  of  all  receipts  and  expenditures 
of  the  corporation,  as  shown  by  his  books,  up  to  the  time  of  said 
report;  and  he  shall,  annually,  between  the  first  and  tenth  of  April, 
make  out  and  file  with  the  clerk  a full  and  detailed  account  of  all 
such  receipts  and  expenditures,  and  of  all  his  transactions,  as  such 
treasurer,  during  the  preceding  fiscal  yeaiyaud  shall  show  in  such 
account  the  state  of  the  treasury  at  the  close  of  the  fiscal  year  : 
which  account  the  clerk  shall  immediately  cause  to  be  published  in 
a newspaper  printed  in  such  city,  if  there  be  one,  and  if  not,  then 
by  posting  the  same  in  a public  place  in  the  clerk’s  office. 

98.  Warrants.  §11.  All  warrants  drawn  upon  the  treasurer 
must  be  signed  by  the  mayor  and  countersigned  by  the  clerk,  stating 
the  particular  fund  or  appropriation  to  which  the  same  is  chargeable, 
and  the  person  to  whom  payable ; and  no  money  shall  be  otherwise 
paid  than  upon  such  warrants  so  drawn,  except  as  hereinafter 
provided. 

99.  Special  ASSESSMENT  fund  kept  separate.  § 12.  All 
moneys  received  on  any  special  assessment  shall  be  held  by  the 
treasurer  as  a special  fund,  to  be  applied  to  the  payment  of  the 
improvement  for  which  the  assessment  was  made,  and  said  money 
shall  be  used  for  no  other  purpose  whatever,  unless  to  reimburse 
such  corporation  for  money  expended  for  such  improvement. 

CITY  COLLECTOR. 

100.  His  duties.  § 13.  It  shall  be  the  duty  of  the  collector, 
when  one  is  appointed,  to  preserve  all  warrants  Avhich  are  returned 
into  his  hands,  and  he  shall  keep  such  books  and  his  accounts  in 
such  manner  as  the  city  council  may  prescribe.  Such  warrants, 
books,  and  all  papers  pertaining  to  his  office,  shall  at  all  times  be 


38 


Cities  and  Villages. 


open  to  the  inspection  of  and  subject  to  the  examination  of  the 
mayor,  city  clerk,  any  member  of  the  council,  or  committee  thereof. 
He  shall  weekly,  or  ofteuer  if  required  by  the  council,  pay  over  to 
the  treasurer  all  moneys  collected  by  him  from  any  source  whatever, 
taking  such  treasurer's  receipt  therefor,  which  receipt  he  shall 
immediately  file  with  the  city  clerk  ; but  the  city  clerk  shall,  at  the 
time,  or  on  demand,  give  such  tax  collector  a copy  of  any  such 
receipt  so  filed. 

101.  Shall  report,  etc. — publication.  § 14.  He  shall 
make  a report,  in  writing,  to  the  council,  or  any  officer  designated 
by  the  council,  of  all  moneys  collected  by  him,  the  account  whereon 
collected,  or  of  any  other  matter  in  connection  with  his  office,  when 
required  by  the  council  or  by  any  ordinance  of  the  city.  He  shall 
also,  annually,  between  the  first  and  tenth  of  April,  file  with  the  clerk 
a statement  of  all  the  moneys  collected  by  him  during  the  year,  the 
particular  warrant,  special  assessment  or  account  on  which  collected, 
the  balance  of  moneys  uncollected  on  all  warrants  in  his  hands, 
and  the  balance  remaining  uncollected  at  the  time  of  the  return  on 
all  warrants  which  he  shall  have  returned,  during  the  preceding 
fiscal  year,  to  the  city  clerk.  The  city  clerk  shall  publish  or  post 
the  same,  as  hereinbefore  required  to  be  done  in  regard  to  the 
annual  report  of  the  treasurer.  [See  § 97.] 

102.  Not  to  detain  money— penalty.  § 1 5.  The  collector 
is  hereby  expressly  prohibited  from  keeping  the  moneys  of  the 
city  in  his  hands,  or  in  the  hands  of  any  person  or  corporation,  to 
his  use,  beyond  the  time  which  may  be  prescribed  for  the  payment 
of  the  same  to  the  treasurer,  and  any  violation  of  this  provision 
will  subject  him  to  immediate  removal  from  office. 

103.  Examination  of  books — paying  oyer.  § 16.  All 
the  city  collector's  papers,  books,  warrants  and  vouchers  may  be 
examined  at  any  time  by  the  mayor  or  clerk,  or  any  member  of  the 
city  conncil ; and  the  collector  shall  every  two  weeks,  or  oftener  if 
the  city  council  shall  so  direct,  pay  over  all  money  collected  by 
him  from  any  person  or  persons,  or  associations,  to  the  treasurer, 
taking  his  receipt  therefor  in  duplicate,  one  of  which  receipts  he 
shall  at  once  file  in  the  office  of  the  clerk. 

CITY  COMPTROLLER. 

104.  His  powers  and  duties.  § 17.  The  city  comptroller 
(if  there  shall  be  any  city  comptroller  appointed,  if  not,  then  the 
clerk)  shall  exercise  a general  supervision  over  all  the  officers  of  the 
corporation  charged  in  any  manner  with  the  receipt,  collection  or 


Cities  and  Villages. 


39 


disbursement  of  corporation  revenues,  and  the  collection  and  return 
of  all  such  revenues  into  the  treasury.  He  shall  have  the  charge, 
custody  and  control  of  all  deeds,  leases,  warrants,  vouchers,  books 
and  papers  of  any  kind,  the  custody  and  control  of  which  is  not 
herein  given  to  any  other  officers;  and  he  shall,  on  or  before  the 
fifteenth  day  of  May  in  each  year,  and  before  the  annual  appro- 
priations to  be  made  by  the  city  council  or  the  board  of  trustees, 
submit  to  the  city  council  or  board  of  trustees  a report  of  his  estimates 
as  nearly  as  may  be,  of  moneys  necessary  to  defray  the  expenses  of 
the  corporation  during  the  current  fiscal  year.  He  shall,  in  said 
report,  class  the  different  objects  and  branches  of  expenditures, 
giving,  as  nearly  as  may  be,  the  amount  required  for  each ; and 
for  the  purpose  of  making  such  report,  he  is  authorized  to  require 
•of  all  officers  their  statement  of  the  condition  and  expenses  of 
their  respective  officers  or  departments,  with  any  proposed  improve- 
ments and  the  probable  expense  thereof,  all  contracts  made  and 
unfinished,  and  the  amount  of  any  and  all  unexpended  appropriations 
of  the  preceding  year.  He  shall,  in  such  report,  show  the  aggregate 
income  of  the  preceding  fiscal  year,  from  all  sources,  the  amount 
of  liabilities  outstanding  upon  which  interest  is  to  be  paid,  the 
bonds  and  debts  payable  during  the  year,  when  due  and  when 
payable;  and  in  such  report  he  shall  give  such  other  information 
to  the  council  or  board  of  trustees  as  he  may  deem  necessary,  to 
the  eud  that  the  city  council  or  board  of  trustees  may  fully  understand 
the  money  exigencies  and  demands  upon  the  corporation  for  the 
-current  year. 

105.  Council  may  define  duties,  etc.  §18.  When  there 
shall  be  appointed  in  any  city  a comptroller,  the  city  council  may, 
by  ordinance  or  resolution,  confer  upon  him  such  powers,  and 
provide  for  the  performance  of  such  duties  by  him,  as  the  city 
council  shall  deem  necessary  and  proper;  and  all  the  provisions  of 
this  act  relating  to  the  duties  of  city  clerk,  or  the  powers  of  city 
clerk  in  connection  with  the  finances,  the  treasurer  and  collector,  or 
the  receipt  and  disbursements  of  the  moneys  of  such  city,  shall  be 
exercised  and  performed  by  such  comptroller,  if  one  there  shall  be 
appointed ; and  to  that  end  and  purpose,  wherever  in  this  act 
heretofore  the  word  “clerk”  is  used,  it  shall  be  held  to  mean 
“comptroller;”  and  wherever  the  “clerk’s  office”  is  referred  to,  it 
shall  be  held  to  mean  “comptroller’s  office.” 

106.  Record  of  bonds  issued  by  city.  § 19.  The  comp- 
troller, when  there  shall  be  a comptroller,  and  if  not,  then  the  clerk, 
^shall  keep  in  his  office,  in  a book  or  books  kept  expressly  for  that 


40 


Cities  and  Villages. 


purpose,  a correct  list  of  all  the  outstanding  bonds  of  the  city, 
showing  the  number  and  amount  of  each,  for  and  to  whom  the 
said  bonds  are  issued;  and  when  any  city  bonds  are  purchased,  or 
paid,  or  canceled,  said  book  or  books  shall  show  the  fact ; and  in 
his  annual  report  he  shall  describe,  particularly,  the  bonds  sold 
during  the  year,  and  the  terms  of  sale,  with  each  and  every  item  of 
expense  thereof. 

general  provisions. 

107.  Further  duties  may  be  required,  etc.  § 20.  The 
collector  and  treasurer,  and  all  other  officers  connected  with  the 
receipt  and  expenditure  of  money,  shall  perform  such  other  duties, 
and  be  subject  to  such  other  rules  and  regulations  as  the  city  council 
or  board  of  trustees  may,  from  time  to  time,  by  ordinance,  provide 
and  establish. 

108.  Appeal  to  finance  committee.  §21.  In  the  adjust- 
ment of  the  accounts  of  the  collector  or  treasurer  with  the  clerk  (or 
comptroller  if  there  be  one),  there  shall  be  an  appeal  to  the  finance 
committee  of  the  council  or  board  of  trustees,  whose  decision  in  all 
matters  of  controversy  arising  between  said  officers  shall  be  binding, 
unless  the  city  council  or  board  of  trustees  shall  otherwise  direct 
and  provide. 

109.  Who  may  appoint  subordinates,  etc.  § 22.  The 
comptroller  (if  there  shall  be  one),  the  clerk,  treasurer  and  collector, 
shall,  severally,  appoint  such  various  clerks  and  subordinates  in 
their  respective  offices  as  the  city  council  or  board  of  trustees  may 
authorize,  and  shall  be  held,  severally,  responsible  for  the  fidelity 
of  all  persons  so  appointed  by  them. 

110.  Foreign  Insurance  companies,  etc.  § 23.  All 
corporations,  companies  or  associations  not  incorporated  under  the 
laws  of  this  state,  engaged  in  any  city  in  effecting  fire  insurance, 
shall  pay  to  the  treasurer  the  sum  of  $2  upon  the  $100  of  the  net 
receipts  by  their  agency  in  such  city,  and  at  that  rate  upon  the 
amount  of  all  premiums  which,  during  the  half  year  ending  on 
every  first  day  of  July  and  January,  shall  have  been  received  for 
any  insurance  effected  or  agreed  to  be  effected  in  the  city  or  village, 
by  or  with  such  corporations,  companies  or  associations  respectively. 
Every  person  who  shall  act  in  any  city  or  village  as  agent,  or 
otherwise,  for  or  on  behalf  of  any  such  corporation,  company  or 
association,  shall,  on  or  before  the  fifteenth  day  of  July  and  January, 
in  each  year,  render  to  the  comptroller  (if  there  be  one,  if  not,  to 
the  clerk),  a full,  true  and  just  account,  Verified  by  his  oath,  of  all 


Cities  and  Villages. 


41 


premiums  which,  during  the  half  year  ending  on  every  first  day  of 
July  and  January  preceding  such  report,  shall  have  been  received 
by  him,  or  any  other  person  for  him,  in  behalf  of  any  such 
corporation,  company  or  association,  and  shall  specify  in  said 
account  the  amounts  received  for  fire  insurance.  Such  agents  shall 
also  pay  over  to  the  treasurer,  at  the  time  of  rendering  the  aforesaid 
account,  the  amount  of  rates  for  which  the  company  or  companies 
represented  by  them  are  severally  chargeable  by  virtue  hereof.  If 
such  account  be  not  rendered  on  or  before  the  day  hereinbefore 
designated  for  that  purpose,  or  if  the  said  rates  shall  remain  unpaid 
after  that  day,  it  shall  be  unlawful  for  any  corporation,  company 
or  association  so  in  default  to  transact  any  business  of  insurance  in 
any  such  city  or  village,  until  the  said  requisitions  shall  have  been 
fully  complied  with ; but  this  provision  shall  not  relieve  any 
company  from  the  payment  of  any  risk  that  may  be  taken  in 
violation  hereof.  Any  person  or  persons  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  indictment,  and  upon 
conviction  thereof,  in  any  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned  not  exceeding 
six  months,  or  both,  in  the  discretion  of  the  court.  Said  rates  may 
also  be  recovered  of  such  corporation,  company  or  association, 
or  its  agent,  by  action  in  the  name  and  for  the  use  of  any  such  city 
or  village,  as  for  money  had  and  received  for  its  use : Provided , that 
this  section  shall  only  apply  to  such  cities  and*villages  as  have  an 
organized  fire  department,  or  maintain  some  organization  for  the 
prevention  of  fires. 


ARTICLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 
Section. 

1.  Ordinance  levying  tax — limitation. 

2.  Manner  of  collecting. 

3.  Time  of  paying  over. 

4.  When  tax  levied  for  particular  purpose. 

5.  Tax  to  be  uniform. 

111.  Ordinance  levying  tax — limitation.  § 1.  The 
city  council  in  cities,  and  board  of  trustees  in  villages,  may  levy 
and  collect  taxes  for  corporate  purposes  in  the  manner  following: 
The  city  council  or  board  of  trustees  as  the  cllse  may  be,  shall, 


42 


Cities  and  Villages. 


annually,  on  or  before  the  third  (3d)  Tuesday  in  September,  in  each 
year,  ascertain  the  total  amount  of  appropriations  for  all  corporate 
purposes,  legally  made,'  and  to  be  collected  from  the  tax  levy  of 
that  fiscal  year;  and  by  an  ordinance,  specifying  in  detail  the 
purposes  for  which  such  appropriations  are  made,  and  the  sum  or 
amount  appropriated  for  each  purpose,  respectively,  levy  the  amount 
so  ascertained  upon  all  the  property  subject  to  taxation  within  the 
city  or  village,  as  the  same  is  assessed  and  equalized  for  state  and 
county  purposes  for  the  current  year.  A certified  copy  of  such 
ordinance  shall  be  filed  with  the  county  clerk  of  the  proper  county, 
whose  duty  it  shall  be  to  ascertain  the  rate  per  cent,  which,  upon 
the  total  valuation  of  all  property  subject  to  taxation  within  the 
city  or  village,  as  the  same  is  assessed  and  equalized  for  state  and 
county  purposes,  will  produce  a net  amount  not  less  than  the  amount 
so  directed  to  be  levied  ; and  it  shall  be  the  duty  of  the  county  clerk 
to  extend  such  tax,  in  a separate  column,  upon  the  book  or  books 
of  the  collector  or  collectors  of  state  and  county  taxes  within  such 
city  or  village ; and  where  the  corporate  limits  of  any  city  or  village 
shall  lie  partly  in  two  or  more  counties,  the  city  council  or  board 
of  trustees,  shall  ascertain  the  total  amount  of  all  taxable  property 
lying  within  the  corporate  limits  of  said  city  or  village  in  each 
county,  as  the  same  is  assessed  and  equalized  for  state  and  county 
purposes  for  the  current  year,  and  certify  the  amount  of  taxable 
property  in  each  cdhnty  within  said  city  or  village  under  the  seal  of 
said  city  or  village,  to  the  county  clerk  of  the  county  where  the  seat 
of  government  of  such  city  or  village  is  situate,  whose  duty  it  shall 
be  to  ascertain  the  rate  per  cent,  which  upon  the  total  valuation  of 
all  property  subject  to  taxation  within  the  city  or  village,  ascertained 
as  aforesaid,  will  produce  a net  amount  not  less  than  the  amount 
so  directed  to  be  levied,  and  said  clerk  shall,  as  soon  as  said  rate 
per  cent,  of  taxation  is  ascertained,  certify  under  his  hand  and  seal 
of  office  to  the  county  clerk  of  any  other  county  wherein  a portion 
of  said  city  or  village  is  situate,  such  rate  per  cent,  and  it  shall  be 
the  duty  of  such  county  clerk  to  whom  such  rate  per  cent,  is 
certified,  to  extend  such  tax  in  a separate  column  upon  the  book  or 
books  of  the  collector  or  collectors  of  the  state  and  county  taxes 
for  such  county  against  all  property  in  his  county  within  the  limits 
of  said  city  or  village : Provided , the  aggregate  amount  of  taxes 
levied  for  any  one  (1)  year,  exclusive  of  the  amount  levied  for  the 
payment  of  bonded  indebtedness  or  the  interest  thereon,  shall  not 
exceed  the  rate  of  two  (2)  per  centum  upon  the  aggregate  valuation 
of  all  property  within  such  city  or  village,  subject  to  taxation 
therein,  as  the  satire  was  equalized  for  state  and  county  taxes  of  the 
preceding  year.  [As  amended  laws  1891.] 


Cities  and  Villages. 


43 


112.  Manner  of  collecting.  § 2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by  the  same 
officers  as  state  and  county  taxes,  and  shall  be  paid  over  by  the 
officers  collecting  the  same  to  the  treasurer  of  the  city  or  village. 

113.  Time  of  paying  over.  § 3.  It  shall  be  the  duty  of 
the  officer  collecting  such  tax  to  settle  with  and  pay  over  to  such 
treasurer,  as  often  as  once  in  two  weeks  from  the  time  he  shall 
commence  the  collection  thereof,  all  such  taxes  as  he  shall  then 
have  collected,  till  the  whole  tax  collected  shall  have  been  paid  over. 

114.  When  tax  levied  for  particular  purpose.  §*4. 
Whenever  any  city  or  village  is  required  to  levy  a tax  for  the 
payment  of  any  particular  debt,  appropriation  or  liability  of  the 
same,  the  tax  for  such  purpose  shall  be  included  in  the  total  amount 
assessed  by  the  city  council  or  board  of  trustees,  and  certified  to 
the  county  clerk  as  aforesaid;  but  the  city  council  or  board  of 
trustees  shall  determine,  in  the  ordinance  making  such  assessment, 

what  proportion  of  such  total  amount  shall  be  applicable  to  the 
payment  of  such  particular  debt,  appropriation  or  liability;  and  the 
city  or  village  treasurer  shall  set  apart  such  proportion  of  the  tax 
collected  and  paid  to  him  for  the  payment  of  such  particular  debt, 
appropriation  or  liability,  and  shall  not  disburse  the  same  for  any 
other  purpose  until  such  debt,  appropriation  or  liability  shall  have 
been  discharged. 

115.  Tax  to  be  uniform.  § 5.  All  taxes  levied  or  assessed 
by  any  city  or  village,  except  special  assessments  for  local  improve- 
ments, shall  be  uniform  upon  all  taxable  property  and  persons 
within  the  limits  of  the  city,  and  no  property  shall  be  exempt 
therefrom  other  than  such  property  as  may  be  exempt  from  taxation 
under  the  constitution  and  general  laws  of  the  state. 


44 


Cities  and  Villages. 


ARTICLE  IX. 


SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 
Section. 

1.  Powers  conferred. 

2.  Ordinance  for  improvement. 

3.  When  property  is  to  be  taken. 

4.  Petition. 

5.  Form  of  petition. 

6.  Summons — publication — notice. 

7.  Hearing— jury. 

8.  Jury  to  ascertain  compensation — admitting  other  parties. 

9.  Viewing  premises— ownership,  etc. 

10.  Judgment — new  parties — further  proceedings. 

11.  Powers  of  court. 

12.  Ownership — further  powers  of  court. 

13.  Persons  under  disability. 

14.  Judgment — effect — appeal,  etc. 

15.  Order  for  possession. 

16.  When  improvement  made  by  general  tax. 

17.  Special  taxation. 

SPECIAL  ASSESSMENT. 

18.  How  made. 

19.  Ordinance  for — sidewalks — owner’s  rights. 

20.  Estimate  of  cost. 

21.  Order  for  proceedings  in  court. 

22.  Petition  to  court. 

23.  Appointment  of  commissioners— oath. 

24.  Duty  of  commissioners. 

25.  Repealed. 

26.  Assessment  roll — return  of  roll. 

27.  Notice  by  mail — posting  and  publication. 

28.  Proof  of  notice. 

29.  Continuance  when  notice  not  in  time. 

30.  Objections — judgment  by  default. 

31.  Hearing— jury. 

32.  Precedence. 

33.  Court  may  modify,  etc.,  the  assessment. 

34.  Judgment  several — appeal,  etc. — lien. 

35.  Judgment  certified  to  city  clerk — filing — warrant. 

36.  Form  of  warrant. 

37.  Collector’s  notice-form  of. 

38.  Manner  of  collecting — entry  of  payment. 

39.  Report  of  delinquent  list  to  county  collector — evidence — defense. 

40.  Application  for  judgment — what  laws  govern. 

41.  Return  of  sales — redemption. 

42.  Penalty  when  lands  paid  are  sold  for  tax,  etc. 

43.  Paying  over — compensation. 

44.  General  revenue  laws  apply. 

45.  City  or  village  may  buy  in. 

46.  When  assessments  set  aside — new  assessment. 

47.  Supplemental  assessments. 


Cities  and  Villages. 


45 


48.  New  assessments  against  delinquents — lien — limitation. 

49.  Contracts  payable  from  assessments. 

50.  How  contracts  let— approval. 

51.  Lien. 

52.  Collection  of  assessment  by  suit. 

53.  Supplemental  petition  to  assess  benefits  in  condemnation  cases. 

54.  Adoption  of  this  article. 

55.  May  be  divided  into  installments. 

56.  May  be  paid  before  maturity — interest. 

57.  When  by  installments — ordinance. 

58.  Assessment  roll — what  to  contain. 

59.  Notice — what  to  contain. 

60.  Order  of  confirmation. 

61.  Warrant  for  collection. 

62.  Proceedings  for  judgment. 

63.  Payment  for  improvement — voucher. 

64.  Persons  accepting  vouchers. 

65.  Surplus  remaining — notice. 

66.  Special  assessment — when  city  may  advance  to  pay  damages. 

67.  When  collected  by  installments. 

116.  Powers  conferred.  1.  That  the  corporate  authori- 
ties of  cities  and  villages  are  hereby  vested  with  power  to  make 
local  improvements  by  special  assessment  or  by  special  taxation,  or 
both,  of  contiguous  property,  or  general  taxation,  or  otherwise,  as 
they  shall  by  ordinance  prescribe. 

117.  Ordinance  for  improvement.  §2.  When  any  such 
city  or  village  shall,  by  Ordinance,  provide  for  the  making  of  any 
local  improvement,  it  shall,  by  the  same  ordinance,  prescribe 
whether  the  same  shall  be  made  by  special  assessment,  or  by  special 
taxation  of  contiguous  property,  or  general  taxation,  or  both. 

118.  When  property  is  to  be  taken.  § 3.  Should  said 
ordinance  provide  for  improvements  which  require  the  taking  or 
damaging  of  property,  the  proceeding  for  making  just  compensation 
therefor  shall  be  as  follows: 

119.  Petition.  § 4.  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authority  of  any  such  city  or  village,  for 
the  making  of  any  improvement  mentioned  in  the  first  section  of 
this  act,  or  any  other  local  improvement  that  such  city  or  village  is 
authorized  to  make,  the  making  of  which  will  require  that  private 
property  be  taken  or  damaged  for  public  use,  such  city  or  village 
shall  file  a petition  in  some  court  of  record  of  the  county  in  which 
such  city  is  situated,  in  the  name  of  the  city,  praying  that  “ the 
just  compensation  to  be  made  for  private  property  to  be  taken  or 
damaged  for  the  improvement  or  purpose  specified  in  such  ordinance 
shall  be  ascertained  by  a jury.” 


46 


Cities  and  Villages. 


120.  Form  of  petition.  § 5.  Such  petition  shall  contain 
a copy  of  the  said  ordinance,  certified  by  the  clerk,  under  the 
corporate  seal ; a reasonably  accurate  description  of  the  lots,  parcels 
of  land  and  property  which  will  be  taken  or  damaged,  and  the  names 
of  the  owners  or  occupants  thereof,  so  far  as  known  to  the  board 
or  officer  filing  the  petition,  and  where  any  known  owners  are 
non-residents  of  the  state,  stating  the  fact  of  such  non-residence. 

121.  Summons — publication,  etc.  § 6.  Upon  the  filing 
of  the  petitiou  aforesaid,  a summons,  which  may  be  made  returnable 
upon  any  day  in  term  time,  shall  be  issued  and  served  upon  the 
persons  made  parties  defendant,  as  in  cases  in  chancery.  And  in 
case  any  of  them  are  unknown,  or  reside  out  of  this  state,  the  clerk 
of  the  court,  upon  an  affidavit  being  filed  showiug  such  fact,  shall 
cause  publication  to  be  made  in  some  newspaper  printed  in  his 
county,  or,  if  there  be  no  newspaper  published  in  his  county,  then 
in  some  newspaper  published  in  this  state,  containing  notice  of  the 
pendency  of  such  proceeding,  the  parties  thereto,  the  title  of  the 
court,  and  the  time  and  place  of  the  return  of  the  summons  in  the 
case,  and  the  nature  of  such  proceeding;  such  publication  to  be 
made  for  four  weeks  consecutively,  at  least  once  in  each  week,  the 
first  of  which  shall  be  at  least  thirty  days  before  the  return  day  of 
such  summons.  Notices  so  given  by  publication  shall  be  sufficient 
to  authorize  the  court  to  hear  and  determine  the  suit,  as  though  all 
parties  had  been  sued  by  their  proper  names  and  had  been  personally 
served.  [As  amended  by  act  approved  and  in  force  March  30, 
1874.] 

122.  Hearing — jury.  §7.  Upon  the  return  of  said  sum- 
mons, or  as  soon  thereafter  as  the  business  of  the  court  will  permit, 
the  said  court  shall  proceed  to  the  hearing  of  such  petition,  and 
shall  impanel  a jury  to  ascertain  the  just  compensation  to  be  paid 
to  all  of  such  owners  and  occupants  aforesaid ; but  if  any  defendant 
or  party  in  interest  shall  demand,  or  the  court  shall  deem  it  proper, 
separate  juries  may  be  impaneled  as  to  the  compensation  or  damages 
to  be  paid  to  any  one  or  more  of  such  defendants  or  parties  in 
interest.  [As  amended  by  act  approved  and  in  force  March  30, 
1874.] 

123-  Jury  to  ascertain  compensation,  etc.  §8.  Such 
jury  shall  also  ascertain  the  just  compensation  to  be  paid  to  any 
person  claiming  an  interest  in  any  lot,  parcel  of  land  or  property 
which  may  be  taken  or  damaged  by  such  improvement,  whether  or 
not  such  person’s  name,  or  such  lot,  parcel  of  land,  or  other  property, 
is  mentioned  or  described  in  such  petition  : Provided , such  person 


Cities  and  Villages. 


47 


shall  first  be  admitted  as  a party  defendant  to  said  suit  by  such 
court,  and  shall  file  a statement  of  his  interest  in  and  description  of 
the  lot,  parcel  of  land,  or  other  property  in  respect  to  which  he 
claims  compensation. 

124.  Viewing  premises — ownership,  etc.  §9.  The  court 
may  upon  the  motion  of  such  city  or  village,  or  of  any  person 
claiming  any  such  compensation,  direct  that  said  jury  (under  the 
charge  of  an  officer  of  the  court)  shall  view  the  premises  which  it 
is  claimed  by  any  party  to  said  proceeding  will  be  taken  or 
damaged  by  said  improvement,  and  in  any  case,  where  there  is  no 
satisfactory  evidence  given  to  the  jury  as  to  the  ownership  of,  or  as 
to  the  extent  of  the  interest  of  any  defendant  in  the  property  to  be 
taken  or  damaged,  the  jury  may  return  their  verdict  as  to  the 
compensation  or  damage  to  be  paid  for  the  property  or  part  of 
property  to  be  taken  or  damaged,  and  for  the  entire  interest  therein. 
[As  amended  by  act  approved  and  in  force  March  30,  1874.] 

12  5.  Judgment — new  parties,  etc.  § 10.  Upon  the 
return  of  such  verdict,  the  court  shall  order  the  same  to  be  recorded, 
and  shall  enter  such  judgment  or  decree  thereon  as  th§  nature  of 
the  case  may  require.  The  court  shall  continue  or  adjourn  the 
cause  from  time  to  time,  as  to  all  occupants  and  owners  named  in 
such  petition  who  shall  not  have  been  served  with  process,  or  brought 
in  by  publication,  and  shall  order  a new  summons  to  issue  and  new 
publication  to  be  made ; and  upon  such  occupants  or  owners  being 
brought  into  court,  shall  impanel  a jury  to  ascertain  the  compensa- 
tion so  to  be  paid  to  such  defendant  or  defendants,  for  private 
property  taken  or  damaged  ; and  like  proceedings  shall  be  had  for 
such  purpose  as  hereinbefore  provided  for  the  ascertaining  of 
compensation  to  other  owners. 

126.  Powers  of  court.  § 11.  The  court  shall  have  power, 
at  any  time,  upon  proof  that  any  such  owner  or  owners  named  in 
such  petition,  who  has  not  been  served  with  process,  has  ceased  to 
be  such  owner  or  owners  since  the  filing  of  such  petition,  to  impanel 
a jury  and  ascertain  the  just  compensation  to  be  made  for  the 
property  (or  the  damage  thereto)  which  had  been  owned  by  the 
person  or  persons  so  ceasing  to  own  the  same;  and  the  court  may, 
upon  auy  finding  or  findings  of  any  jury  or  juries,  or  at  any  time 
during  the  course  of  such  proceedings,  enter  such  order,  rule, 
judgment  or  decree  as  the  nature  of  the  case  may  require. 

127.  Ownership — further  powers  of  court.  §12.  No 

delay  in  making  an  assessment  of  compensation  shall  be  occasioned 


48 


Cities  and  Villages. 


by  any  doubt  or  contest  which  may  arise  as  to  the  ownership  of  the 
property,  or  any  part  thereof,  or  as  to  the  interests  of  the  respective 
owners  or  claimants,  but  in  such  case  the  court  may  impanel  a jury 
and  ascertain  the  entire  compensation  or  damage  that  should  be  paid 
for  the  property,  or  part  of  property,  and  the  entire  interests  of  all 
parties  therein,  and  may  require  adverse  claimants  to  interplead  so 
as  to  fully  determine  their  rights  and  interest  in  the  compensation 
so  ascertained.  And  the  court  may  make  such  order  as  may  be 
necessary  in  regard  to  the  deposit  or  payment  of  such  compensation. 

128  Persons  under  disability.  § 13.  When  it  shall 
appear,  from  said  petition  or  otherwise,  at  any  time  during  the 
proceedings  upon  such  petition,  that  any  infant,  or  insane  or 
distracted  person,  is  interested  in  any  property  that  is  to  be  taken 
or  damaged,  the  court  shall  appoint  a guardian,  ad  litem , for  such 
infant  or  insane  or  distracted  person,  to  appear  and  defend  for  him, 
her  or  them;  and  the  court  shall  make  such  order  or  decree  as  it 
shall  deem  proper  to  protect  and  secure  the  interest  of  such  infant, 
or  insane  or  distracted  person,  in  such  property,  or  the  compensation 
which  shall  be  awarded  therefor. 

129.  Judgment — effect — appeal,  etc.  § 14.  Any  final 
judgment  or  judgments,  rendered  by  said  court,  upon  any  finding 
or  findings  of  any  jury  or  juries,  shall  be  a lawful  and  sufficient 
condemnation  of  the  land  or  property  to  be  taken  upon  the  payment 
of  the  amount  of  such  finding  as  hereinafter  provided.  It  shall  be 
final  and  conclusive  as  to  the  damage  caused  by  such  improvement, 
unless  such  judgment  or  judgments  shall  be  appealed  from  ; but  no 
appeal  or  writ  of  error  upon  the  same  shall  delay  proceedings 
under  said  ordinance,  if  such  city  or  village  shall  deposit,  as  directed 
by  the  court,  the  amount  of  the  judgment  and  costs,  and  shall  file 
a bond  in  the  court  in  which  such  judgment  was  rendered,  in  a sum 
to  be  fixed  and  with  security  to  be  approved  by  the  judge  of  said 
court  which  shall  secure  the  payment  of  any  future  compensation 
which  may  at  any  time  be  finally  awarded  to  such  party  so  appealing 
or  suing  out  such  writ  of  error,  and  his  or  her  costs. 

130.  Order  for  possession.  §15.  The  court,  upon  proof 
that  said  just  compensation  so  found  by  the  jury  has  been  paid  to 
the  person  entitled  thereto,  or  has  been  deposited  as  directed  by  the 
court  (and  bond  given  in  case  of  any  appeal  or  writ  of  error),  shall 
enter  an  order  that  the  city  or  village  shall  have  the  right,  at  any 
time  thereafter,  to  take  possession  of  or  damage  the  property,  in 
respect  to  which  such  compensation  shall  have  been  so  paid  or 
deposited,  as  aforesaid. 


Cities  and  Villages. 


49 


131.  When  improvement  made,  etc.  § 16.  When  the 
■ordinance  under  which  said  improvement  is  ordered  to  be  made 
shall  provide  that  such  improvement  shall  be  made  by  general 
taxation,  the  cost  of  such  improvement  shad  1 be  added  to  the  general 
appropriation  bill  of  such  city  or  village,  and  shall  be  levied  and 
^collected  with  and  as  a part  of  the  general  taxes  of  such  city  or 
village. 

132.  Special  taxation.  §17.  When  said  ordinance  under 
which  said  local  improvement. shall  be  ordered  shall  provide  that 
such  improvement  shall  be'made  by  special  taxation  of  contiguous 
property,  the  same  shall  be  levied,  assessed  and  collected  in  the 
way  provided  in  the  sections  of  this  act  providing  for  the  mode  of 
making,  levying,  assessing  and  collecting  special  assessments. 

SPECIAL  ASSESSMENT. 

133.  How  made.  § 18-  When  the  ordinance  under  which 
said  local  improvement  is  ordered  to  be  made  shall  provide  that 
such  improvement  shall  be  wholly  or  in  part  made  by  special 
assessment,  the  proceedings  for  the  making  such  special  assessment 
shall  be  in  accordance  with  the  sections  of  this  act  [article]  from 
18  to  51,  inclusive. 

134.  Ordinance  for — sidewalks,  etc.  § 19.  Whenever 
such  local  improvements  are  to  be  made  wholly  or  in  part  by  special 
assessment,  the  said  council  in  cities,  or  board  of  trustees  in  villages, 
shall  pass  an  ordinance  to  that  effect,  specifying  therein  the  nature, 
character,  locality  and  description  of  such  improvement : Provided , 
that  where  the  owners  of  a majority  of  the  property  in  any  block 
abutting  on  any  street,  alley,  park,  or  public  place,  shall  petition  the 
common  council  in  cities  or  board  of  trustees  in  villages,  for  any  local 
improvements,  it  shall  be  the  duty  of  said  council  or  board  of 
trustees  to  pass  an  ordinance  for  said  improvement : Provided , that 
whenever  any  such  ordinance  shall  provide  only  for  the  building 
or  renewing  of  any  sidewalk,  the  owner  of  any  lot  or  piece  of  land 
fronting  on  such  sidewalk  shall  be  allowed  fifteen  days  after  the 
time  at  which  such  ordinance  shall  take  effect  in  which  to  build  or 
renew  such  sidewalk  opposite  his  land,  and  thereby  relieve  the  same 
from  assessment:  Provided , that  the  work  so  to  be  done  shall  in  all 
respects  conform  to  the  requirements  of  such  ordinance.  [See  § 
62,  iterii  7,  and  § 259-264.] 

135.  Estimate  of  cost.  § 20.  The  city  council  or  board  of 
trustees  shall  appoint  three  of  its  members,  or  any  other  three 
competent  persons,  who  shall  make  an  estimate  of  the  cost  of  the 

4 


50 


Cities  and  Villages. 


improvement  contemplated  by  such  ordinance,  including  labor,, 
materials  and  all  other  expenses  attending  the  same,  and  the  cost 
of  making  and  levying  the  assessment,  and  shall  report  the  same 
in  writing  to  said  council  or  board  of  trustees. 

136.  Order  for  proceedings  in  court.  § 21.  On  such 
report  being  made,  and  approved  by  the  council  or  board  of  trustees,, 
as  the  case  may  be,  it  may  order  a petitiou  to  be  filed  by  such  officer 
as  it  shall  direct,  in  the  county  court  of  its  county,  for  proceedings 
to  assess  the  cost  of  such  improvement  in  the  manner  provided  in 
this  act. 

137.  Petition  to  court.  § 22.  The  petition  shall  be  in  the 
name  of  the  corporation,  and  shall  recite  the  ordinance  for  the 
proposed  improvement  and  the  report  of  such  commission,  and 
shall  pray  that  the  cost  of  such  improvement  may  be  assessed  in 
the  manner  prescribed  by  law. 

138.  Appointment  of  commissioners — oath.  § 23.  Upon 
the  filing  of  such  petition  the  court  shall  appoint  three  competent 
persons  as  commissioners,  who  shall  take  and  subscribe  an  oath,  in 
substance  as  follows,  to-wit : 

STATE  OF  ILLINOIS, 


County,  J 


We,  the  undersigned,  commissioners,  appointed  by  the  county  court 

of -county,  to  assess  the  cost  of- (here  state  in  general  terms  the 

improvement),  do  solemnly  swear  (or  affirm  as  the  case  may  be),  that  we 
will  a true  and  impartial  assessment  make  of  the  cost  of  said  improvement 

upon  the  city  (or  village)  of and  the  property  benefited  by  such 

improvement,  to  the  best  of  our  ability,  and  according  to  law. 

139.  Duty  of  commissioners.  § 24.  It  shall  be  the  duty  of 
such  commissioners  to  examine  the  locality  where  the  improvement 
is  proposed  to  be  made,  and  the  lots,  blocks,  tracts  and  parcels  of 
land  that  will  be  specially  benefitted  thereby,  and  to  estimate  what 
proportion  of  the  total  cost  of  such  improvement  will  be  of  benefit 
to  the  public,  and  what  proportion  thereof  will  be  of  benefit  to< 
the  property  to  be  benefitted,  and  apportion  the  same  between  the 
city  or  village  and  such  property,  so  that  each  shall  bear  its  relative 
equitable  proportion  ; and  having  found  said  amounts,  to  apportion 
and  assess  the  amount  so  found  to  be  of  benefit  to  the  property  upon 
the  several  lots,  blocks,  tracts  and  parcels  of  land  in  the  proportion 
in  which  they  will  be  severally  benefitted  by  such  improvement : 
Provided , that  no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed 
a greater  amount  than  it  will  be  actually  benefitted  : And,  provided ,, 


Cities  and  Villages. 


51 


further , that  it  shall  not  be  necessary  for  said  commissioners  to 
examine  the  locality  except  where  the  ordinance  provides  for  the 
opening,  widening  or  improvement  of  streets  and  alleys.  [As 
amended  by  act  approved  and  in  force  March  30,  1874.] 

[§  25,  repealed  by  act  approved  April  25,  1873.] 

140.  Assessment  roll  — return.  § 26.  They  shall  also 
make  or  cause  to  be  made  an  assessment  roll,  in  which  shall  appear 
the  names  of  the  owners,  so  far  as  known,  a description  of  each  lot, 
block,  tract  or  parcel  of  land,  and  the  amount  assessed  as  special 
benefits  thereto,  and  in  which  they  shall  set  down  as  against  fhe 
city  or  village  the  amount  they  shall  have  found  as  public  benefit, 
and  certify  such  assessment  roll  to  the  court  by  which  they  were 
appointed,  at  least  ten  days  before  the  first  day  of  the  term  at  which 
a final  hearing  thereon  shall  be  had.  [As  amended  by  act  approved 
and  in  force  March  30,  1874.] 

141.  Notice  by  mail — posting,  etc.  § 27.  It  shall  also  be 
the  duty  of  such  commissioners  to  give  notice  of  such  assessment, 
and  of  the  term  of  court  at  which  a final  hearing  thereon  will  be 
had,  in  the  following  manner : 

First.  They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them,  a 
notice,  substantially  in  the  following  form  : 

Mr. : Your  (here  give  a short  description  of  the 

premises)  is  assessed  $ for  public  improvement.  The  assessment 

roll  will  be  returned  to  the term  of  the  county  court  of county. 

( Here  give  date.)  

Commissioners. 

Second.  They  shall  cause  at  least  ten  days’  notice  to  be  given, 
by  posting  notices  in  at  least  four  public  places  in  such  city  or 
village,  two  of  which  shall  be  in  the  neighborhood  of  such  proposed 
improvement ; and  when  a daily  newspaper  is  published  in  such  city 
or  village,  by  publishing  the  same  at  least  five  successive  days  in  such 
daily  newspaper,  or  if  no  daily  newspaper  is  published  in  such  city 
or  village,  and  a weekly  newspaper  is  published  therein,  then  at  least 
once  in  each  week,  for  two  successive  weeks,  in  such  weekly 
newspaper,  or  if  no  daily  or  weekly  newspaper  is  published  in  such 
city  or  village,  then  at  least  once  in  each  week  for  two  successive 


52 


Cities  and  Villages. 


weeks  in  a newspayer  published  in  the  county  in  which  such  city  or 
village  is  situated.  The  notice  may  be  substantially  as  follows : 


SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city  council 

(or  board  of  trustees  as  the  case  may  be),  of , having  ordered  that 

(here  insert  brief  description  of  the  nature  of  the  improvement,  the 

ordinance  for  the  same  being  on  file  in  the  office  of  the clerk),  have 

applied  to  the -court  of county  for  an  assessment  of  the  cost  of 

said  improvements,  according  to  benefits  ; and  an  assessment  thereof  having 
been  made  and  returned  to  said  court,  the  final  hearing  thereon  will  be  had 

at  the term  of  said  court,  commencing  on  the day  of A.  D. 

i8 — . All  persons  desiring  may  then  and  there  appear  and  make  their 
defense. 

(Here  give  date.)  : 

Commissioners. 

[As  amended  by  act  approved  June  26,  1885.] 

142.  Proof  oe  notice.  §28.  On  or  before  the  final  hearing, 
the  affidavit  of  one  or  more  of  the  commissioners  shall  be  filed  in 
said  court,  stating  that  they  have  sent  or  caused  to  be  sent  by  mail, 
to  the  owners  whose  premises  have  been  assessed,  and  whose  name 
and  place  of  business  are  known  to  them,  the  notice  hereinbefore 
required  to  be  sent  by  mail  to  owners  of  premises  assessed.  They 
shall  also  cause  to  be  filed  the  affidavit  of  the  person  who  shall  have 
posted  the  notices  required  by  this  act  to  be  posted,  setting  forth 
when  and  in  what  manner  the  same  were  posted.  Such  affidavits 
shall  be  received  as  prima  facie  evidence  of  a compliance  with  this 
act  in  regard  to  giving  such  notices.  They  shall  also  file  a certificate 
of  publication  of  said  notice  in  like  manner  as  is  required  in  other 
cases  of  publication  of  notices.  . [As  amended  by  act  approved 
April  25,  1873  ; in  force  July  1,  1873.] 

143.  Continuance  when  notice  not  in  time.  § 29.  If  ten 
days  shall  not  have  elapsed  between  the  first  publication  or  the 
putting  up  of  such  notices  and  the  first  day  of  the  next  term  of  such 
court,  the  hearing  shall  be  continued  until  the  next  term  of  court. 

144.  Objections  — judgment  by  default.  § 30.  Any 
person  interested  in  any  real  estate  to  be  affected  by  such  assessment, 
may  appear  and  file  objections  to  such  report,  and  the  court  may  make 
such  order  in  regard  to  the  time  of  filing  such  objections  as  may  be 
made  in  cases  at  law  in  regard  to  the  time  of  filing  pleas.  As  to  all 


Cities  and  Villages. 


53 


lots,  blocks,  tracts  and  parcels  of  land  to  the  assessment  of  which 
objections  are  not  filed  within  the  time  ordered  by  the  court,  default 
may  be  entered,  and  the  assessment  confirmed  by  the  court. 

145.  Hearing — jury.  § 31.  On  the  hearing,  the  report  of 
the  commissioners  shall  be  competent  evidence,  and  either  party  may 
introduce  such  other  evidence  as  may  tend  to  establish  the  right  of 
the  matter.  The  hearing  shall  be  conducted  as  in  other  cases  at  law, 
and  if  it  shall  appear  that  the  premises  of  the  objector  are  assessed 
more  or  less  than  they  will  be  benefitted,  or  more  or  less  than  their 
proportionate  share  of  the  cost  of  the  improvement,  the  jury  shall 
so  find,  and  also  find  the  amount  for  which  such  premises  ought  to 
be  assessed,  and  judgment  shall  be  rendered  accordingly. 

146.  Precedence.  § 32.  The  hearing  in  all  cases  arising 
under  this  act  shall  have  precedence  over  all  other  cases  in  such 
court,  except  criminal  cases. 

147.  Court  may  modify,  etc.  § 33.  The  court  before 
which  any  such  proceeding  may  be  pending,  shall  have  authority,  at 
qnv  time  before  final  adjournment  [judgment],  to  modify,  alter, 
change,  annul  or  confirm  any  assessment  returned,  as  aforesaid,  or 
cause  any  such  assessment  to  be  recast  by  the  same  commissioners 
whenever  it  shall  be  necessary  for  the  attainment  of  justice,  or  may 
appoint  other  commissioners  in  the  place  of  all  or  any  of  the 
commissioners  first  appointed,  for  the  purpose  of  making  such 
assessment,  or  modifying,  altering,  changing  or  recasting  the  same, 
and  may  take  all  such  proceedings  and  make  all  such  orders  as  may 
be  necessary  to  make  a true  and  just  assessment  of  the  cost  of  such 
improvement  according  to  the  principles  of  this  act,  and  may  from 
time  to  time  as  may  be  necessary,  continue  the  application  Tor  that 
purpose  as  to  the  whole  or  any  part  of  the  premises. 

148.  Judgment  several — appeal,  etc.  § 34.  The  judg- 
ment of  the  court  shall  have  the  effect  of  a several  judgment  as  to 
each  tract  or  parcel  of  land,  assessed,  and  any.  appeal  from  such 
judgment  or  writ  of  error  shall  not  invalidate  or  delay  the  judgment, 
except  as  to  the  property  concerning  which  the  appeal  or  writ  of 
error  is  taken.  Such  judgment  shall  be  a lien  upon  the  property 
assessed,  from  the  date  thereof  until  payment  shall  be  made. 

149.  Ju  DGMENT  CERTIFIED  TO  CITY  CLERK FILING WAR- 

RANT. § 35.  The  clerk  of  the  court  in  which  such  judgment  is 
rendered,  shall  certify  the  assessment  roll  and  judgment  to  the 


54 


Cities  and  Villages. 


officer  of  such  city  or  village  authorized  to  collect  such  special 
assessments,  or  if  there  has  been  an  appeal  or  writ  of  error  taken 
on  any  part  of  such  judgment,  then  he  shall  certify  such  part  of 
the  judgment  as  is  not  included  in  such  appeal  or  writ  of  error  and 
such  certificate  shall  be  filed  in  his  office  by  the  officer  receiving  the 
same.  With  such  assessment  roll  and  judgment  the  clerk  of  such 
court  shall  also  issue  a warrant  for  the  collection  of  such  assessment. 
[As  amended  by  act  approved  June  26,  1885.] 

150.  Form  of  w arrant.  § 36.  The  warrant  in  all  cases  of 
assessment  under  this  act  shall  contain  a copy  of  such  certificate  of 
the  judgment,  describing  the  lots,  blocks,  tracts  or  parcels  of  land 
assessed,  and  the  respective  amounts  asesssed  on  each  lot,  block, 
tract  or  parcel  of  land,  and  shall  be  delivered  to  the  officer  authorized 
to  collect  such  special  assessments.  Such  warrant  shall  give  sufficient 
authority  to  collect  the  assessments  therein  specified. 

151.  Collector’s  notice — form  of.  § 37.  The  collector 
receiving  such  warrant  shall  immediately  give  notice  thereof  by 
publishing  such  notice  in  one  or  more  newspapers  in  such  city  or 
village,  if  such  newspaper  is  there  ; and  if  there  is  no  such  newspaper, 
then  by  posting  four  copies  thereof  in  public  places  along  the  line  of 
the  proposed  improvement.  Such  notices  may  be  substantially  in 
the  following  form  : 


SPECIAL  ASSESSMENT  NOTICE — SPECIAL  WARRANT  NO. — 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has 
rendered  judgment  for  a special  assessment  upon  property  benefitted  by 
the  following  improvement  (here  insert  the  character  and  location  of  the 
improvement  in  general  terms)  as  will  more  fully  appear  from  the  certified 
copy  of  the  judgment  on  file  in  my  office;  that  a warrant  for  the  collection 
of  such  assessments  is  in  the  hands  of  the  undersigned.  All  persons 
interested  are  hereby  notified  to  call  and  pay  the  amounts  assessed,  at  the 
collector’s  office,  (here  insert  location  of  office)  within  thirty  days  from  the 
date  hereof. 

Dated  this day  of , A.  D.  18--. 

Collector. 

[As  amended  by  act  approved  June  26,  1885.] 

152.  Manner  of  collecting,  etc.  §38.  It  shall  be  the 
duty  of  the  collector  into  whose  hands  the  warrant  shall  so  come, 
as  far  as  practicable,  to  call  upon  all  persons  resident  within  the 
corporation  whose  names  appear  on  the  assessment  roll,  or  the 
occupants  of  the  property  assessed,  and  personally,  or  by  written 
or  printed  notice  left  at  his  or  her  usual  place  of  abode,  inform 


Cities  and  Villages. 


55 


them  of  such  assessment,  and  request  payment  of  the  same.  Any 
such  collector  omitting  so  to  do  shall  be  liable  to  a penalty  of  $10 
for  every  such  omission,  but  the  validity  of  the  special  assessment, 
or  the  right  to  apply  for  and  obtain  judgment  for  any  such  special 
[assessment,]  shall  not  be  affected  by  such  omission.  It  shall  be 
the  duty  of  such  collector  to  write  the  word  “paid”  opposite  each 
tract  or  lot  on  which  the  assessment  is  paid,  together  with  the  name 
and  post  office  address  of  the  person  making  the  payment,  and  date 
of  payment. 

153.  Report  of  delinquent  list,  etc.  § 39.  It  shall  be 
the  duty  of  the  collector  of  special  assessments,  within  such  time 
as  the  city  council  or  board  of  trustees  may  by  ordinance  provide, 
to  make  a report  in  writing — to  the  general  officer  of  the  county 
authorized,  or  to  be  designated  by  the  general  revenue  law  of  this 
state,  to  apply  for  judgment  and  sell  lands  for  taxes  due  the  county 
and  state — of  all  the  lands,  town  lots  and  real  property  on  which 
he  shall  have  been  unable  to  collect  special  assessments,  with  the 
amount  of  special  assessments  due  and  unpaid  thereon,  together 
with  his  warrant,  or  with  a brief  description,  of  the  nature  of  the 
warrant  or  warrants  received  by  him  authorizing  the  collection 
thereof ; which  report  shall  be  accompanied  with  the  oath  of  the 
collector  that  the  list  is  a correct  return  and  report  of  the  lands, 
town  lots  and  real  property  on  which  the  special  assessments  levied 

by  authority  of  the  city  of (or  village  of , as  the  case 

may  be),  remain  due  and  unpaid ; that  he  is  unable  to  collect  the 
same  or  any  part  thereof,  and  that  he  has  given  the  notice  required 
by  law  that  said  warrants  had  been  received  by  him  for  collection. 
Said  report,  when  so  made,  shall  be  prima  facie  evidence  that  all 
the  forms  and  requirements  of  the  law  in  relation  to  making  said 
return  have  been  complied  with,  and  that  the  special  assessments 
mentioned  in  said  report  are  due  and  unpaid.  And,  upon  the 
application  for  judgment  upon  such  assessment,  no  defense  or 
objection  shall  be  made  or  heard  which  might  have  been  interposed 
in  the  proceeding  for  the  making  of  such  assessment,  or  the  appli- 
cation for  the  confirmation  thereof. 

154.  Application  for  judgment,  etc.  §40.  When  said 
general  officer  shall  receive  the  report  provided  for  in  the  preceding 
section,  he  shall  proceed  to  obtain  judgment  against  said  lots, 
parcels.'of  land  and  property  for  said  special  assessments  remaining 
due  and  unpaid,  at  the  same  time  and  in  the  same  manner  as  is  or 
may  be  by  law  provided  for  obtaining  judgment  against  lands  for 
taxes  due  and  unpaid  the  county  and  state;  and  shall  in  the  same 
manner  proceed  to  sell  the  same  for  the  said  special  assessments 


56 


Cities  and  Villages. 


remaining  due  and  unpaid.  In  obtaining  said  judgment  and  making- 
said  sale,  the  said  officers  shall  be  governed  by  the  general  revenue 
laws  of  this  state,  except  when  otherwise  provided  herein.  No- 
application  for  judgment  against  lands  for  unpaid  special  assessments 
shall  be  made  at  a time  different  from  the  annual  application  for 
judgment  against  lands,  upon  which  general  taxes  remain  due  and 
unpaid.  The  application  for  judgment  upon  delinquent  special 
assessments  in  each  year,  shall  include  only  such  special  assessments 
as  shall  have  been  returned  as  delinquent  to  the  county  collector,  on 
or  before  the  first  day  of  April,  in  the  year  in  which  such  application 
is  made.  [As  amended  by  laws  of  1883.] 

155.  Return  of  sales — redemption.  § 41.  After  making 
said  sales,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat 
shall  be  returned  to  the  office  of  the  county  clerk,  and  redemption 
may  be  made  as  provided  for  by  the  general  revenue  law  of  this 
state. 

156.  Penalty  when  lands  are  sold  for  taxes,  etc. 
§ 42.  If  the  collector  shall  receive  any  moneys  for  taxes  or  assess- 
ments, giving  a receipt  therefor  for  any  land  or  parcel  of  land,  and 
afterwards  return  the  same  as  unpaid  to  the  state  officers  authorized 
to  sell  lands  for  taxes,  or  shall  receive  the  same  after  making  such 
return,  and  the  same  be  sold  for  tax  or  assessment  which  has  been 
so  paid  and  receipted  for  by  himself  or  his  clerks,  he  and  his  bond 
shall  be  liable  to  the  holder  of  the  certificate  given  to  the  purchasers 
at  the  sale,  for  double  the  amount  of  the  face  of  the  certificate,  to 
be  demanded  in  two  years  from  the  date  of  the  sale,  and  recovered 
in  any  court  having  jurisdiction  of  the  amount ; and  the  city  or 
village  shall,  in  no  case,  be  liable  to  the  holder  of  such  certificate. 

157-  Paying  over — compensation.  § 43.  The  collector 
or  collectors,  and  the  general  officer  aforesaid,  to  whom  the  said 
warrant  shall  be  returned,  shall  pay  over  to  the  city  or  village- 
treasurer  to  which  it  shall  belong  all  moneys  collected  by  them, 
respectively,  upon  or  by  virtue  of  such  warrant,  or  upon  any  sale 
for  taxes  or  otherwise,  at  such  time  or  times,  and  in  such  manner 
as  shall  be  prescribed  by  ordinance,  and  shall  be  allowed  such 
compensation  for  their  services  in  the  collection  of  such  assessment 
as  the  ordinances  of  the  city  or  village  may  provide,  except  when 
such  compensation  is  fixed  by  general  law. 

158.  General  revenue  laws  apply.  §44.  The  general 
revenue  laws  of  this  state,  in  reference  to  proceedings  to  recover 
judgments  for  delinquent  taxes,  the  sale  of  property  thereon,  the* 
execution  of  certificates  of  sale  and  deeds  thereon,  the  force  and 


Cities  and  Villages. 


57 


effect  of  such  sales  and  deeds,  *and  all  other  laws  in  relation  to  the 
enforcement  and  collection  of  taxes  and  redemption  from  tax  sales/ 
except  as  herein  otherwise  provided,  shall  be  applicable  to  proceedings 
to  collect  such  special  assessment. 

159.  City  or  village  may  buy  in.  § 45.  Any  city  or 
village  interested  in  the  collection  of  any  tax  or  special  assessment, 
may  become  a purchaser  at  any  sale  of  real  or  personal  property  to 
enforce  the  collection  of  the  same,  and  may,  by  ordinance,  authorize 
and  make  it  the  duty  of  one  or  more  city  or  village  officers  to  attend 
such  sales,  and  bid  thereat  in  behalf  of  the  corporation. 

160.  When  assessments  set  aside,  etc.  § 46.  If  any 
assessment  shall  be  annulled  by  the  city  council  or  board  of  trustees, 
or  set  aside  by  any  court,  a new  assessment  may  be  made  and 
returned,  and  like  notice  given  and  proceedings  had,  as  herein 
required  in  relation  to  the  first ; and  all  parties  in  interest  shall 
have  the  like  rights,  and  the  city  council  or  board  of  trusteees  and 
court  shall  perform  like  duties  and  have  like  power  in  relation  to 
any  subsequent  assessment,  as  are  hereby  given  in  relation  to  the 
first  assessment. 

161.  Supplemental  assessments.  § 47.  If,  in  any  case, 
the  first  assessment  prove  insufficient,  a second  may  be  made  in  the 
same  manner,  as  nearly  as  may  be,  and  so  on,  until  sufficient  moneys 
shall  have  been  realized  to  pay  for  such  public  improvement.  If 
too  large  a sum  shall,  at  any  time,  be  raised,  the  excess  shall  be 
refunded  ratably  to  those  by  whom  it  was  paid. 

162.  New  assessments  against  delinquents,  etc.  § 48. 
If,  from  any  cause,  any  city  or  village  shall  fail  to  collect  the  whole 
or  any  portion  of  any  special  assessment  which  may  be  levied,  which 
shall  not  be  cancelled  and  set  aside  by  the  order  of  any  court,  for 
any  public  improvement  authorized  to  be  made  and  paid  for  by 
special  assessment,  the  city  council  or  board  of  trustees  may,  at  any 
time  within  five  years  after  the  confirmation  of  the  original  assess- 
ment, direct  a new  assessment  to  be  made  upon  the  delinquent 
property  for  the  amount  of  such  deficiency,  and  interest  thereon 
from  the  date  of  such  original  assessment — which  assessment?  shall 
be  made,  as  near  as  may  be,  in  the  same  manner  as  is  herein 
prescribed  for  the  first  assessment.  In  all  cases  where  partial 
payment  shall  have  been  made  on  such  former  assessment,  they  shall 
be  credited  or  allowed  on  the  new  assessment  to  the  property  for 
which  they  were  made,  so  that  the  assessment  shall  be  equal  and 
impartial  in  its  results.  If  such  new  assessment  prove  ineffectual, 


58 


Cities  and  Villages. 


either  in  whole  or  in  part,  the  city  council  or  board  of  trustees 
may,  at  any  time  within  said  period  of  five  years,  order  a third, 
and  so  on,  to  be  levied  in  the  same  manner  and  for  the  same 
purpose;  and  it  shall  constitute  no  legal  objection  to  such  assessment 
that  the  property  may  have  changed  hands,  or  been  encumbered, 
subsequent  to  the  date  of  the  original  assessment,  it  being  the  true 
intent  and  meaning  of  this  section  to  make  the  cost  and  expense  of 
all  public  improvements,  to  be  paid  for  by  a special  assessment,  a 
charge  upon  the  property  assessed  therefor,  for  the  full  period  of 
five  years,  from  the  confirmation  of  the  original  assessment,  and  for 
such  longer  period  as  may  be  required  to  collect,  in  due  course  of 
lawj  any  new  assessment  ordered  within  that  period. 

163.  Contracts  payable  from  assessments.  § 49.  All 
persons  taking  any  contracts  with  the  city  or  village,  and  who  agree 
to  be  paid  from  special  assessments,  shall  have  no  claim  or  lien  upon 
the  city  or  village  in  any  event,  except  from  the  collections  of  the 
special  assessments  made  for  the  work  contracted  for. 

164.  How  contracts  let — approval.  §50.  Ail  contracts 
for  the  making  of  any  public  improvement,  to  be  paid  for  in  whole 
or  in  part  by  a special  assessment,  and  any  work  or  other  public 
improvement,  when  the  expense  thereof  shall  exceed  $500,  shall  be 
let  to  the  lowest  responsible  bidder,  in  the  manner  to  be  prescribed 
by  ordinance— such  contracts  to  be  approved  by  the  mayor  or 
president  of  the  board  of  trustees : Provided , however,  any  such 
contract  may  be  entered  into  by  the  proper  officer  without  adver- 
tising for  bids,  and  without  such  approval,  by  a vote  of  two-thirds 
of  all  the  aldermen  or  trustees  elected. 

165.  I men.  § 51.  All  special  assessments  levied  by  any  city 
or  village  under  this  act,  shall,  from  the  date  of  assessment,  be  a 
lien  upon  the  real  estate  upon  which  the  same  may  be  imposed,  and 
such  lien  shall  continue  until  such  special  assessments  are  paid.  And 
the  same  proceedings  may  be  resorted  to  by  the  collector,  upon  any 
warrant  or  order  issued  or  made  for  the  collection  of  special  assess- 
ments, as  in  the  case  of  the  collection  of  state  and  county  taxes 
under  the  general  laws  of  the  state. 

166.  Collection  of  assessment  by  suit.  §52.  At  any 
time,  after  the  same  becomes  due,  it  shall  and  may  be  lawful  for  any 
collector  thereof  to  commence  suit  in  any  court  of  record,  in  the 
corporate  name  of  such  city  or  village,  against  any  person  or  persons, 
for  the  total  amount  of  special  assessments  which  such  person  or 
persons  are  liable  for  the  payment  of.  Such  suit  shall  be  commenced 


Cities  and  Villages. 


59 


by  petition,  and  shall  state  the  several  amounts  of  the  special 
assessments  sought  to  be  recovered  and  give  a general  description 
of  the  warrant  or  warrants  issued  for  the  collection  thereof.  Upon 
the  filing  of  the  petition  a summons  shall  be  issued,  served  and 
returned  as  in  other  suits  in  such  court.  Upon  the  return  of  such 
summons  duly  served,  the  court  shall  forthwith  proceed  to  the 
hearing  of  said  petition  without  formal  pleadings,  and  may  render 
judgment  for  all  or  any  part  of  the  special  assessments,  as  the 
right  and  justice  of  the  case  may  require.  The  original,  or  a 
certified  copy  (by  the  clerk,  under  the  corporate  seal,)  of  such 
warrant  or  warrants  and  list  or  lists,  or  so  much  thereof  as  refers  to 
the  special  assessments  sought  to  be  recovered,  shall  be  prima  facie 
evidence  of  the  right  of  said  collector  to  a judgment  in  favor  of 
such  corporation.  Execution  shall  issue  on  such  judgment  as  in 
other  cases,  but  such  execution  may  be  first  levied  upon  and 
collected  from  any  personal  property  of  the  defendant;  or  the 
court,  in  which  such  proceedings  were  had,  may,  upon  complaint  of 
the  city  or  village,  issue  a scire  facias  against  the  person  or  persons 
liable  for  such  payment,  to  show  cause  why  execution  should  not 
issue  against  him  or  them  for  the  amount  of  such  assessment ; and 
if,  upon  the  return  of  such  scire  facias,  good  cause  is  not  shown 
why  execution  should  not  issue,  the  court  may  award  execution 
against  such  person  or  persons  in  the  usual  form  of  execution  upon 
judgments  at  law. 

167.  Supplemental  petition  to  assess,  etc.  § 53. 
Whenever  any  city  or  village  shall  apply  to  any  court  for  the 
purpose  of  making  just  compensation  for  property  taken  or 
damaged  by  such  proceedings  as  are  authorized  by  this  act,  such 
city  or  village  may  file  in  the  same  proceedings  a supplemental 
petition  praying  the  court  to  cause  that  an  assessment  be  made  for 
the  purpose  of  raising  the  amount  necessary  to  pay  the  compensation 
and  damages  which  may  be  or  shall  have  been  awarded  for  the 
property  taken  or  damaged,  with  the  costs  of  the  proceeding.  The 
said  court  shall  have  power,  at  any  time  after  any  such  supplemental 
petition  shall  have  been  filed,  to  appoint  three  commissioners  to 
make  such  assessment,  and  to  ascertain,  as  near  as  may  be,  the  costs 
incurred  to  the  time  of  such  appointment,  and  the  probable  further 
costs  of  the  proceedings,  including  therein  the  estimated  costs  of 
making  and  collecting  such  assessment,  and  shall  direct  such  cost 
to  be  included  by  such  commissioners  in  making  said  assessment. 
Like  proceedings  in  making  said  assessment  shall  be  had,  and  the 
assessment  shall  be  made,  collected  and  enforced  in  the  same  manner, 
as  near  as  may  be,  as  is  provided  in  this  article  in  other  cases  : 


60 


Cities  and  Villages. 


Provided , however,  in  all  proceedings  heretofore  commenced,  where 
the  property  has  not  been  fully  paid  for,  or  that  shall  hereafter  be 
commenced,  said  city  or  village  shall  take  and  pay  for  the  lands 
sought  to  be  taken  or  damaged  within  two  years  of  the  entry  of 
judgment  in  such  condemnation  proceedings.  And  after  the 
expiration  of  such  time  the  court,  in  which  the  proceedings  may 
have  been  had,  upon  a motion  of  any  person  interested  in  the  lands, 
may  enquire  in  a summary  manner  whether  the  lands  in  which  such 
person  is  interested  have  been  taken  or  damaged  and  paid  for;  and 
if  the  court  finds  that  such  lands  have  not  been  taken  or  damaged 
and  not  been  paid  for,  it  shall  enter  an  order  requiring  the  city  or 
village  to  pay  for  such  lands  within  a short  day  to  be  fixed  by  the 
court ; and  in  default  thereof  shall  dismiss  such  proceedings  as  far 
as  they  relate  to  lands  of  such  person.  If  however,  the  court  finds 
that  such  city  or  village  has  taken  possession  of  the  lands  and  has 
not  paid  therefor,  it  shall  enter  an  order  requiring  such  city  or  village 
to  pay  the  amount  of  the  condemnation  judgment  with  interest 
from  the  time  of  such  taking  within  a short  day  to  be  fixed  by  the 
court ; and,  in  default  thereof  to  dismiss  the  proceedings  and  enter 
a several  judgment  in  favor  of  such  land  owners  for  interest  from 
the  day  of  such  taking  and  direct  the  issue  of  a writ  of  possession 
in  favor  ,of  the  several  owners  or  their  legal  representatives  or 
grantees  respectively.  And  such  dismissal,  as  aforesaid,  shall 
operate  as  a bar  to  further  proceedings  under  such  ordinance  against 
the  land  affected  by  such  dismissal,  and  every  such  cause  shall  be 
considered  as  pending  in  the  court  in  which  the  same  has  been  or 
shall  be  commenced  until  all  the  lands  sought  to  be  taken  are  paid 
for,  or  until  the  proceedings  are  dismissed  where  the  lands  have  not 
been  taken.  [As  amended  by  act  approved  June  18,  1891.] 

168.  Adoption  of  this  article.  § 54.  Any  city  or  incor- 
porated town  or  village  may,  if  it  shall  so  determine  by  ordinance, 
adopt  the  provisions  of  this  article  without  adopting  the  whole  of 
this  act;  and  where  it  shall  have  so  adopted  this  article,  it  shall 
have  the  right  to  take  all  the  proceedings  in  this  article  provided 
for,  and  have  the  benefit  of  all  the  provisions  hereto. 

168a.  May  be  divided  into  installments — payment  of 
interest.  § 55.  That  the  amount  of  any  special  assesssment  for 
any  local  improvement  in  any  city,  incorporated  town  or  village, 
may  be  divided  into  installments,  when  so  provided  for  by  the 
ordinance  providing  for  the  said  improvement,  the  first  of  which 
shall  not  exceed  the  sum  of  twenty-five  per  cent,  of  the  total  of 
said  assessment,  and  which  shall  be  due  and  payable  from  and  after 


Cities  and  Villages. 


61 


confirmation  of  said  assessment.  The  remaining  portion  of  said 
assessment,  after  deducting  the  said  first  installment,  shall  be 
divided  into  four  equal  annual  installments,  which  said  installments 
shall  be  payable  annually  thereafter,  and  collected  in  the  same 
manner  that  other  assessments  are  now  collected  and  the  annual 
interest  herein  provided  for  on  all  of  said  installments  which  may 
at  any  time  remain  unpaid,  shall  also  be  payable  annually  thereafter 
and  collected  in  the  same  manner  that  other  assessments  are  now 
collected.  Each  of  said  four  last  named  installments  shall  bear 
interest  at  the  rate  of  six  per  cent,  pet  annum,  payable  in  each  year, 
from  and  after  the  first  day  of  July  next  succeeding  the  confirmation 
of  said  assessment,  when  such  confirmation  shall  be  had  between 
the  first  day  of  November  and  the  first  day  of  March ; and  when 
such  confirmation  is  had  between  the  first  day  of  March  and  the 
first  day  of  July,  then  each  of  the  said  four  last  named  installments 
shall  bear  interest  at  the  rate  of  six  per  cent,  per  annum  in  each 
year,  from  and  after  the  first  day  of  October  next  succeeding  such 
confirmation  of  assessment ; and  when  such  confirmation  is  had 
between  the  first  day  of  July  and  the  first  day  of  November,  then 
each  of  said  last  four  named  installments  shall  bear  interest  at  the 
rate  of  six  per  cent,  per  annum,  from  and  after  the  first  day  of 
January  next  succeeding  such  confirmation  of  assessment.  Such 
interest  shall  be  payable  in  each  year  at  the  time  when  the  install- 
ments are  payable  : Provided , that  in  cities  containing  a population 
of  fifty  thousand  or  more,  this  and  the  following  sections  shall  not 
apply  except  in  cases  where  any  such  special  assessments  shall 
exceed  in  aggregate  the  sum  of  fifteen  thousand  dollars.  [As 
amended  by  act  approved  June  15,  1891.] 

168b.  May  be  paid  before  maturity — interest.  § 56. 
That  any  installment  or  installments  which  may  be  assessed  against 
any  tract,  lot,  block  or  piece  of  land  may  be  paid  at  any  time 
before  maturity,  in  which  case  interest  shall  be  charged  only  to  the 
time  of  payment,  and  upon  such  payment  the  property  for  which 
said  payment  is  made  shall  be  discharged  from  the  lien  to  the  extent 
of  such  payment.  [Added  by  act  approved  and  in  force  April  29, 
1887.] 

168c.  When  by  installment — ordinance.  § 57.  When- 
ever any  city,  incorporated  town  or  village  desires  to  make  the 
collection-  of  any  special  assessment  as  aforesaid,  by  installments 
under  the  provisions  of  this  act,  the  ordinance  providing  for  said 
improvement  shall  also  state  that  the  same  shall  be  collected  by 
installments,  and  fix  the  amount  of  the  first  installment.  [Added 
by  act  approved  and  in  force  April  29,  1887.] 


62 


Cities  and  Villages. 


168d.  Assessment  roll — what  to  contain.  §58.  Upon 
the  assessment  roll  to  be  returned  by  the  commissioners  shall  be 
designated,  in  appropriate  columns,  first  the  amount  of  each 
installment;  second,  the  total  amount  of  the  assessment,  which  said 
items  shall  be  carried  out  and  set  opposite  each  tract,  lot  or  piece 
of  property  so  assessed.  [Added  by  act  approved  and  in  force 
April  29,  1887.] 

168e.  Notice — what  to  contain.  §59.  The  notice  to  be 
given  by  the  collector  as  now  provided  for  by  law  when  the  assess- 
ment is  under  the  provisions  of  this  act,  in  addition  to  what  is  now 
required,  shall  contain  the  amount  of  each  installment,  the  rate  of 
interest  deferred  installments  bear,  the  date  of  payment  and  that 
the  whole  of  said  assessment,  or  any  installment  thereof,  may  be 
paid  at  any  time  at  the  option  of  the  owner  or  owners  of  said  lot, 
block,  piece  or  tract.  [Added  by  act  approved  and  in  force  April 
29,  1887.] 

168f.  Order  of  confirmation.  § 60.  The  order  of 
confirmation  that  shall  be  entered  upon  the  return  of  any  such 
assessment  roll  shall  apply  to  all  of  the  installments  thereof  and 
may  be  entered  in  one  order.  [Added  by  act  appioved  and  in 
force  April  29,  1887.] 

168g.  Warrant  for  collection.  § 61.  The  warrant  for 
collection  of  any  such  special  assessment  to  be  made  hereunder  shall 
contain  a copy  of  such  certificate  of  the  judgment,  describing  the 
lots,  blocks,  tracts  or  parcels  of  land  assessed  and  the  respective 
amounts  assessed  upon  each  lot,  tract,  piece  or  parcel  of  land  and  the 
year  in  which  each  installment  is  payable.  [Added  by  act  approved 
and  in  force  April  29,  1887.] 

168h.  Proceedings  for  judgment  §62.  Proceedings  for 
judgment  and  sale  against  lots,  tracts,  pieces  and  parcels  of  land  for 
which  the  assessments  have  not  been  paid  shall  be  had  in  the  same 
manner  as  now  provided  upon  each  installment  in  the  respective 
years  in  which  they  become  due  and  payable,  and  the  laws  now  in 
force  in  so  far  as  they  are  applicable  shall  apply.  [Added  by  act 
approved  and  in  force  April  29,  1887.] 

1 68i.  Payment  for  improvement  done — voucher.  1 § 63. 
Payment  for  any  improvement  done  or  performed  under  the 
provisions  of  this  act  shall  be  made  in  the  following  manner  : From 
the  amount  of  the  first  payment  when  it  shall  be  collected  shall 
first  be  paid  all  the  costs  of  making  the  said  assessment,  including 
court  costs.  The  remainder  of  said  payment  shall  then  be  paid  to 


Cities  and  Villages. 


6a 


the  person  or  persons  entitled  thereto  on  the  contract  for  said  work. 
The  amount  remaining  due  upon  such  contract  for  said  improvement 
shall  then  be  divided  into  four  equal  parts,  and  the  authorities  of 
an)"  city,  incorporated  town  or  village  shall  issue  a voucher  to  the 
person  or  persons  entitled  thereto  for  each  part,  payable  in  the  same 
order  and  manner  that  the  installments  are  payable,  and  said 
vouchers  shall  bear  the  same  rate  of  interest  per  annum  that  the 
said  installments  bear,  which  interest  shall  be  paid  on  the  first  day 
of  July,  October  or  January,  annually  after  their  date,  according 
to  the  date,  of  the  comfirmation  of  the  respective  assessments,  to 
the  person  holding  such  voucher.  Said  vouchers  shall  be  made 
payable  to  the  order  of  the  person  or  persons  entitled  thereto,  and 
state  the  improvement  and  installments  for  which  they  are  issued. 
They  shall  also  contain  the  following : 


In  consideration  of  the  issuing  of  this  voucher,  I hereby  for 

sel heirs,  executors,  administrators  and  assigns  accept  the  same 

in  full  payment  of  the  amount  herein  stated,  and  relinquish  any  and  all 
claims  and  liens  I have  against  the  (city,  incorporated  town  or  village) 

of for  the  work  mentioned  herein,  or  for  the  payment  of  this  voucher, 

except  from  the  collection  of  the  installment  herein  named. 

( Signature  of  person  receiving  the  same.) 

[As  amended  by  act  approved  June  15,  1891.] 

168j.  Person  accepting  vouchers.  § 64.  Any  person  or 
persons  accepting  the  vouchers,  as  provided  herein,  for  work  done 
or  performed  upon  any  local  or  public  improvements  shall  have  no 
claim  or  lien  upon  the  city,  incorporated  town  or  village  in  any 
event  for  the  payment  of  said  vouchers  or  the  interest,  except  from 
the  collection  of  the  installments  for  which  said  vouchers  are  issued, 
and  provided,  that  this  section  shall  apply  to  all  holders  of  any  of 
such  vouchers,  whether  the  original  contractor  or  their  assigns. 
[Added  by  act  approved  and  in  force  April  29,  1887.] 

168k.  Surplus  remaining — notice.  § 65.  If  upon  the 
payment  of  the  money  and  issuance  of  the  vouchers,  as  provided 
for  in  the  last  section  hereof,  there  shall  be  any  surplus  remaining 
of  said  special  assessment  over  and  above  the  payment  aforesaid,  it 
shall  be  the  duty  of  the  proper  authorities  of  said  city,  incorporated 
town  or  village  to  at  once  cause  the  respective  installments  to  be 
credited'  with  their  respective  proportion  of  said  surplus,  and  in 
case  any  person  or  persons  have,  before  said  credit  has  beeu 
entered,  paid  his  assessment  or  any  part  thereof  without  having 
received  the  benefit  of  said  credit,  the  proper  authorities  shall  at 


64 


Cities  and  Villages. 


once  cause  notice  of  such  over-payment  to  be  sent  by  mail  to  the 
person  by  whom  such  over-payment  was  made,  and  upon  proper 
proofs*  the  same  shall  be  repaid.  [Added  by  act  approved  and  in 
force  April  29,  1887.] 

1681.  Special  assessment — when  city  may  advance  to 
pay  damages.  § 66.  In  case  said  special  assessment  shall  be 
made  for  the  purpose  of  paying  the  compensation  awarded  for  the 
taking  or  damaging  of  private  property  for  public  use,  payments 
may  be  made  as  provided  herein,  in  <case  of  contracts  let  and  the 
acceptance  by  the  owner  of  any  lot,  piece  or  tract  taken  or  damaged 
of  the  vouchers  issued  shall  be  deemed  payment  to  said  owner  or 
owners  of  said  compensation,  and  upon  proof  thereof,  an  order  of 
possession  may  be  entered,  as  is  now  provided  : Provided , that  after 
a special  assessment  has  been  continued  to  pay  for  property  taken 
or  damaged  for  public  use,  the  city  council  in  cities  and  the  president 
and  board  of  trustees  in  villages  may  appropriate  and  advance  a 
sufficient  amount  to  pay  the  compensation  awarded,  or  so  much  of 
the  same  as  shall  not  have  been  paid  by  acceptance  of  vouchers  as 
herein  provided  : Provided , however,  that  such  appropriation  and 
advancement  shall  in  no  way  affect  the  collection  of  said  assessment, 
but  the  same  shall  be  collected  in  the  same  manner  as  though  said 
appropriation  had  not  been  made:  And,  provided , further,  that 
when  such  assessment  shall  have  been  collected,  that  the  same 
together  with  the  interest  thereon  shall  be  paid  into  the  general 
fund  of  said  city,  incorporated  town  or  village  in  liquidation  of  the 
amount  so  advanced.  [Added  by  act  approved  and  in  force  April 
29,  1887.] 

168m.  When  collected  by  installment.  § 67.  In  all 
cases  where  special  assessments  shall  have  been  made,  but  not 
confirmed  it  shall  be  lawful  for  any  city,  incorporated  town  or 
village,  through  its  legislative  body,  to  provide  by  ordinance  that 
said  assessment  may  be  collected  by  installments,  under  the 
provisions  of  this  act.  [Added  by  act  approved  and  in  force  April 
29,  1887.] 


Cities  and  Villages. 


(55 


ARTICLE  X. 

Miscellaneous  Provisions. 

Section.  WATER. 

1.  Water — borrow  money. 

2.  Acquiring  property  for  water  works — -jurisdiction  over. 

3.  Regulations — rates — taxation,  etc. 

4.  Tax-payer  may  enforce  rights  in  name  of  city,  etc. 

5.  Maps — approval  of. 

6.  Inhabitants  competent  as  jurors,  etc. 

7.  Population — census. 

8.  Municipal  year. 

9.  City  or  village  need  not  give  appeal  bond. 

169.  Water — borrow  money.  § 1.  The  city  council  or 
board  of  trustees  shall  have  the  power  to  provide  for  a supply  of 
water  by  the  boring  and  sinking  of  artesian  wells,  or  by  the  con- 
struction and  regulation  of  wells,  pumps,  cisterns,  reservoirs  or  wa- 
ter works,  and  to  borrow  money  therefor,  and  to  authorize  any 
person  or  private  corporation  to  construct  and  maintain  the  same 
at  such  rates  as  may  be  fixed  by  ordinance,  and  for  a period  not 
exceeding  thirty  years;  also  to  prevent  the  unnecessary  waste  of 
water;  to  prevent  the  pollution  of  the  water,  and  injuries  to  such 
wells,  pumps,  cisterns,  reservoirs,  or  water  works.  [See  § 230-239.] 

170.  Acquiring  property  for  water  works,  etc.  § 2. 
For  the  purpose  of  establishing  or  supplying  water  works,  any  city 
or  village  may  go  beyond  its  territorial  limits,  and  may  take,  hold 
and  acquire  property  by  purchase  or  otherwise;  shall  have  power  to 
take  and  condemn  all  necessary  lands  or  property  therefor,  in  the 
manner  provided  for  the  taking  or  injuring  private  property  for 
public  uses;  and  the  jurisdiction  of  the  city  or  village  to  prevent  or 
punish  any  pollution  or  injury  to  the  stream  or  source  of  water,  or 
to  such  water  works,  shall  extend  five  miles  beyond  its  corporate 
limits,  or  so  far  as  such  water  works  may  extend.  [See  § 232.] 

171.  Regulations — rates — taxation,  etc.  § 3.  The 
city  council  or  board  of  trustees  shall  have  power  to  make  all 
needful  rules  and  regulations  concerning  the  use  of  water  supplied 
by  the  water  works  of  the  said  city  or  village,  and  to  do  all  acts  and 
make  such  rules  and  regulations  for  the  construction,  completion, 
management  or  control  of  the  waterworks,  and  for  the  levying  and 
collecting  of  any  water  taxes,  rates  or  assessments,  as  the  said  city 
council  or  board  of  trustees  may  deem  necessary  and  expedient;  and 
such  water  taxes,  rents,  rates  or  assessments  may  be  levied  or 
assessed  upon  any  lot  or  parcel  of  ground,  having  a building  or 

5 


66 


Cities  and  Villages. 


buildings  thereon,  which  shall  abut  or  join  any  street,  avenue  or  alley 
in  such  city  or  village  through  which  the  distributing  pipes  of  such 
water  works  (if  any)  of  said  city  or  village  are  or  may  be  laid,  which 
cnn  be  conveniently  supplied  with  water  from  said  pipes:  Provided , 
(whether)  the  water  shall  be  used  on  such  lot  or  parcel  of  ground  or 
not;  and  the  same,  when  so  levied  or  assessed,  shall  become  a con- 
tinuing lien  or  charge  upon  such  lot  or  parcel  of  ground,  building 
or  buildings,  situated  thereon,  and  such  lien  or  charge  may  be  col- 
lected or  enforced  in  such  manner  as  the  city  council  may,  by 
ordinance  prescribe.  And  the  corporate  authorities  may  levy  a 
general  tax  for  the  construction  and  maintenance  of  such  water 
works,  and  appropriate  money  therefor. 

172.  Tax-payer  may  enforce  rights  in  name  of  city,  etc. 
§4.  A suit  may  be  brought  by  any  tax-payer,  in  the  name  and 
for  the  benefit  of  the  city  or  village,  against  any  person  or  cor- 
poration, to  recover  any  money  or  property  belonging  to  the  city  or 
village,  or  for  any  money  which  may  been  paid,  expended,  or  re- 
leased without  authority  of  law:  Provided , that  such  tax-payer 
shall  file  a bond  for  all  costs,  and  be  liable  for  all  costs,  in  case  the 
city  or  village  be  cast  in  the  suit,  and  judgment  shall  be  rendered 
accordingly. 

17  3.  Maps — approval  of.  § 5.  The  city  council  or  board 
of  trustees  shall  have  power  to  provide,  by  ordinance,  that  any  map, 
plat,  or  subdivision  of  any  block,  lot,  sub-lot,  or  part  thereof,  or  of 
any  piece  or  parcel  of  land,  shall  be  submitted  to  the  city  council 
or  board  of  trustees,  or  to  some  officer  to  be  designated  by  such 
council  or  board  of  trustees,  for  their  or  his  approval;  and  in  such 
cases  no  such  map,  plat  or  subdivision  shall  be  entitled  to  record  in 
the  proper  county,  or  have  any  validity  until  it  shall  have  been  so 
approved. 

174.  Inhabitants  competent  as  jurors,  etc.  § 6.  No 
person  shall  be  an  in-competent  judge,  justice  or  juror,  by  reason 
of  his  being  an  inhabitant  or  freeholder  in  said  city  or  village,  in 
any  action  or  proceeding  in  which  said  city  or  village  may  be  a 
party  in  interest. 

17  5.  Population — census.  § 7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  determined  by 
reference  to  the  latest  census  taken  by  authority  of  the  United 
States  or  this  state,  or  of  such  city  or  village;  and  it  shall  be  the 
duty  of  the  secretary  of  state,  upon  the  publication  of  any  state 
or  United  States  census,  to  certify  to  each  city  or  village  the  num- 


Cities  axd  Villages. 


67 


ber  of  inhabitants,  as  shown  by  such  census.  Any  city  or  village 
may,  by  ordinance,  provide  for  the  taking  of  a census  of  the  popu- 
lation thereof,  in  order  to  determine  the  number  of  such  population 
for  any  and  all  purposes  of  this  act.  And  the  several  courts  in  this 
state  shall  take  judicial  notice  of  the  population  of  any  city  or  vil- 
lage, as  the  same  may  appear  from  the  latest  federal,  state,  city  or 
village  census  so  taken. 

176  Municipal  year.  § 8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the  regular 
annual  elections  unless  otherwise  provided  by  ordinance. 

177.  City  or  village  need  not  give  appeal  bond.  § 9. 
When  in  any  suit  the  city  or  village  prays  an  appeal  from  the 
judgment  of  any  court  of  this  state  to  a higher  court,  it  shall  not 
be  required  to  furnish  an  appeal  bond. 


FERRIES  AND  BRIDGES. 

AN  ACT  to  enable*  cities  and  villages  to  build,  acquire  and  maintain 
bridges  and  ferries  outside  of  their  corporate  limits  and  to  control  the 
same.  Approved  and  in  force  May  5,  1879. 

194.  Bridges — ferries — limits — toll.  § 1.  Thatit  shall 
be  lawful  for  any  city  or  village  within  this  state  to  build,  or  acquire 
by  purchase,  lease  or  gift,  and  to  maintain  ferries  and  bridges,  and 
the  approaches  thereto,  for  each  ferry  or  bridge  within  the  corporate 
limits,  or  at  any  point  within  five  (5)  miles  of  the  corporate  limits  of 
such  city  or  village.  That  all  such  ferries  and  bridges  shall  be  free 
to  the  public  and  no  toll  shall  ever  be  collected  by  any  such  city  or 
village  authority:  Provided,  that  where  any  city  or  village  has  be- 
come or  is  the  owner  of  any  toll  bridges  or  ferries,  and  is  keeping 
up  and  maintaining  the  same  by  authority  of  law,  all  ownership  and 
rights  vested  in  such  city  or  village  shall  continue  in  and  be  held 
and  exercised  by  them,  and  they  may  from  time  to  time  fix  the  rates 
of  toll  on  such  bridges  and  ferries: 

And,  'provided , further , that  in  all  cases  where  a bridge  shall 
hereafter  be  built,  a ferry  acquired  across  a navigable  stream  by 
any  city  Or  village,  in  whole  or  in  part,  where  the  population  of  such 
city  or  village  furnishing  the  principal  part  of  the  expenses  thereof 
shall  not  exceed  five  thousand  (5,000)  inhabitants,  and  where  it  is 
necessary  to  maintain  a draw  and  lights,  and  a debt  shall  be  in- 
curred by  such  city  or  village  for  such  purpose,  then  a reasonable 

Note.  Article  XI,  relating  to  the  organization  of  villages,  is  omitted. 


68 


Cities  and  Villages. 


toll  may  be  collected  by  the  city  or  village  contracting  such  indebted- 
ness, to  be  set  apart  and  appropriated  to  the  payment  of  such  in- 
debtedness, interest  thereon  and  the  expenses  of  keeping  such  bridge 
in  repair,  and  of  maintaining,  opening  and  closing  the  proper  draws 
therefor,  and  lights;  or  in  case  of  a ferry,  of  keeping  the  approaches 
and  boat  in  repair  and  operating  the  same.  [As  amended  by  act 
approved  May  25,  1881;  in  force  July  1, 1881.] 

194a.  Control  by  city.  § 2.  Every  bridge  and  ferry  so- 
owned  or  controlled  by  such  city  or  village,  and  the  approaches 
thereto,  when  outside  the  corporate  limits,  shall  be  subject  to  the 
municipal  control  and  ordinances  of  such  city  or  village,  the  same 
to  all  intents  and  purposes,  and  in  effect  as  though  such  bridge  or 
ferry  and  the  approaches  thereto,  were  situated  within  the  corporate 
limits  of  such  city  or  village,  and  in  such  case,  the  county  may  assist 
in  the  construction  of  said  bridge,  as  is  now  provided  by  law. 

TRAVEL  ON  BRIDGES  IN  CITIES,  TOWNS,  ETC. 

AN  ACT  to  regulate  the  manner  of  travel  upon  bridges,  'the  whole  or  a 
part  of  which  are  owned  or  controlled  by  cities,  villages  and  towns  of 
this  state,  and  to  provide  for  the  enforcing  of  the  same.  Approved 
and  in  force  May  13,  1879. 

194b.  Penalty  for  fast  driving,  etc.  §1.  Beit  enacted 
by  the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  whoever  shall  ride  or  drive  faster  than  a walk, 
over  any  bridge  in  this  state,  owned  or  controlled,  either  the  whole 
or  a part  thereof,  by  any  city,  village  or  town  of  this  state,  shall,  for 
each  offense,  be  fined  in  a sum  not  exceeding  ten  dollars  nor  less 
than  one  dollar,  Provided,  that  a notice  shall  be  posted  on  such 
bridge,  warning  against  riding,  or  driving,  on. such  bridge  faster 
than  a walk,  such  fine  to  be  recovered,  with  costs,  before  any 
justice  of  the  peace  or  police  magistrate  of  the  county  where  the 
offense  is  committed,  upon  sworn  complaint  in  writing,  upon  which 
a warrant  for  the  arrest  of  the  offender  shall  issue,  and  it  shall  be 
the  duty  of  every  constable  of  the  county,  and  every  marshal, 
policeman  and  police  constable,  and  all  other  officers  of  such  city, 
village  or  town,  owning  or  controlling  the  whole  or  in  part  such 
bridge,  having  the  power  to  make  arrests,  whenever  aforesaid 
offense  is  committed  in  the  view  of  such  officer  or  officers,  to  forth- 
with take  in  custody  the  person  or  persons  so  committing  aforesaid 
offense,  and  bring  him  or  them  before  any  justice  of  the  peace  or 
police  magistrate  of  the  county,  to  be  dealt  with  according  to  law, 
and  such  officer  so  taking  in  custody  such  offender,  or  any  officer  of 


Cm ks  and  Villages. 


69 


such  city,  village  or  town,  owning  or  controlling  the  whole  or  a 
part  of  such  bridge  where  such  offense  is  committed,  may  take  the 
complaint  upon  which  warrant  shall  issue  against  tbe  offender,  all 
fines  collected  under  this  act,  shall  be  paid  into  the  common  school 
fund  of  the  county.  Whereas,  the  law  is  inadequate  for  the  pro- 
tection of  bridges  which  are  owned  or  controlled,  the  whole  or  a 
part  thereof,  by  cities,  villages  or  towns  of  this  state,  therefore  an 
emergency  exists,  and  this  act  shall  take  effect  from  and  after  its 
passage. 

ANNEXING  AND  EXCLUDING  TERRITORY. 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from 

cities,  towns  and  villages,  and  to  unite  cities,  towns  and  villages. 

Approved  April  io,  1872  ; in  force  July  1,  1872. 

Section. 

1.  Petition  to  be  annexed — annexing. 

2.  Annexing  one  corporation  to  another. 

3.  Proceeding  by  corporation  to  annex  territory. 

4.  Notice  of  proceedings. 

5.  Objections  to  annexation — trial. 

6.  Finding— cost,  etc. 

7.  Proceedings  by  owners  to  be  annexed. 

8.  Proceedings  to  disconnect. 

9.  Map  and  ordinance  recorded. 

10.  School  districts  may  use  this  act. 

11.  Judicial  notice  of  change. 

19  5.  Petition  to  be  annexed,  etc.  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  on  petition,  in  writing,  signed  by  not  less  than 
three-fourths  of  the  legal  voters,  and  by  the  owners  of  not  less  than 
three  fourths  (in  value)  of  the  property  in  any  territory  contiguous 
to  any  city  or  incorporated  village  or  town,  and  not  embraced  with- 
in its  limits,  the  city  council  or  board  of  trustees  of  said  city,  village 
or  town  (as  the  case  may  be)  may,  by  ordinance,  annex  such  terri- 
tory to  such  city,  village  or  town,  upon  filing  a copy  of  such 
ordinance,  with  an  accurate  map  of  the  territory  annexed  (duly  certifi- 
ed by  the  mayor  of  the  city  or  president  of  the  board  of  trustees  of  the 
village  or  town,)  in  the  office  of  the  recorder  of  deeds  in  the  county 
where  the  annexed  territory  is  situated,  and  having  the  same  re- 
corded therein:  Provided,  that  no  portion,  less  than  the  whole  of 
an.  incorporated  city,  town  or  village,  shall  be  annexed  to  another 
incorporated  city,  town  or  village,  except  in  the  mode  provided  in 
this  act  for  the  annexation  of  the  whole  of  an  incorporated  city, 
town  or  village,  to  another  city,  town  or  village. 


70 


Cities  and  Villages. 


196.  Annexing  one  corporation  to  another.  §2.  Any 
incorporated  city,  village  or  town  may  be  annexed  to  another  incor- 
porated city,  village  or  town,  by  ordinance  passed  by  a two-thirds 
vote  of  all  the  aldermen  or  trustees  elect  of  each  corporation  de- 
siring annexation:  Provided , such  annexation  shall  not  affect  or 
impair  any  rights  or  liabilities  either  in  favor  of  or  against  such 
corporations;  and  suits  founded  upon  such  rights  and  liabilities  may 
be  commenced,  and  pending  suits  may  be  prosecuted  and  carried  te 
final  judgments  and  execution,  the  same  as  if  such  annexation  had 
not  taken  place.  In  making  such  annexation,  the  corporation  so 
uniting  may,  by  ordinance,  fix  the  term  of  the  annexation,  which 
shall  have  the  force  and  effects  of  a binding  * contract:  Provided , 
hoivever , that  no  such  ordinance  shall  be  of  any  binding  force  or 
effect  until  submitted  to  a vote  of  the  legal  voters  of  such  city*  town 
or  village,  at  a general  election  thereof,  and  adopted  by  a majority 
of  all  the  voters  voting  thereon  at  such  election,  notice  of  which 
shall  be  given  at  the  same  time  and  in  the  same  manner  as  required 
for  the  election  of  the  officers  of  such  city,  town  or  village.  Andy, 
provided , also , that  the  vote  shall  be  by  ballot,  which  shall  be  “for 
union  ordinance,”  or  “against  union  ordinance,”  and  shall  be  re- 
ceived, canvassed  and  returned  the  same  as  ballots  for  municipal 
officers  of  such  city,  town  or  village. 

197.  Proceeding  by  corporation  to  annex,  etc.  § 3. 
When  any  incorporated  city,  village  or  town  shall  desire  to  annex 
any  contiguous  territory  thereto,  and  the  same  shall  not  have  been 
petitioned  for  as  provided  in  section  one  of  this  article,  it  shall  be 
lawful  for  the  city  council  or  board  of  trustees  of  such  city,  village 
or  town,  by  a two-thirds  vote  of  all  the  aldermen  or  trustees  elect, 
by  ordinance  or  resolution,  to  authorize  the  mayor  of  such  city 
or  the  president  of  the  board  of  trustees  of  such  village  or  town,  to 
petition  the  circut  court  of  the  county  in  which  the  territory  desired 
to  be  annexed  or  a major  part  thereof  is  situated,  praying  such  an- 
nexation to  be  made.  The  petition  shall  contain  a copy  of  such 
ordinance  or  resolution,  and  an  accurate  map  of  the  territory  which 
it  is  desired  to  annex,  showing  all  such  subdivisions  that  shall  have 
been  made  therein.  Such  petition  shall  be  filed  with  the  clerk  of 
the  court  at  least  ten  days  before  the  first  day  of  the  term  at  which 
it  is  proposed  to  be  heard:  Provided , that  nothing  in  this  section 
contained  shall  authorize  said  petition  to  be  filed  unless  the  territory 
so  sought  to  be  annexed  (except  territory  intervening  between*  a 
city  and  town,  or  two  more  cities  or  towns,  desiring  to  become 
united  under  this  act,)  shall  contain  an  actual  resident  population 
of  at  least  one  hundred  and  fifty  inhabitants  to  each  section  or 
fractional  part  of  a section  so  sought  to  be  annexed — which  said 


Cities  and  Villages. 


fact  shall  be  alleged  in  said  petition  and  proved  on  the  hearing 
thereof,  the  same  as  any  other  allegation  in  said  petition. 

198  Notice  of  proceedings.  § 4.  When  it  shall  be  deter- 
mined to  present  such  petition,  the  mayor  or  president  of  the  board 
of  trustees  (as  the  case*may  be)  shall  cause  notice  of  the  time  and 
place  where  and  when  the  petition  will  be  or  has  been  filed,  and  at 
what  term  of  court  the  hearing  thereof  will  be  had,  and  setting 
forth  the  boundaries  or  a general  description  of  the  territory  pro- 
posed to  be  annexed — to  be  given  by  publication  at  least  once  in 
each  week,  for  two  successive  weeks,  in  some  newspaper  published  in 
the  county  where  the  petition  is  filed  or  to  be  filed  (or,  if  no  newspa- 
per is  published  in  such  county,  then  the  nearest  newspaper  published 
in'this  state,)  and  bv  posting  up  notices  at  least  fourteen  days  before 
such  time  of  hearing,  in  at  least  three  of  the  most  public  places  in 
the  territory  proposed  to  be  annexed,  and  a like  number  in  the 
city,  village  or  town  to  which  it  is  desired  to  annex  such  territory. 

199.  Objections  to  annexation — trial.  § 5.  The  legal 
voters  resident  upon  the  territory  thus  proposed  to  be  annexed,  or 
any  of  them,  or  any  owner  of  land  therein,  or  any  voter  of  such 
city,  village  or  town,  may  appear  at  such  hearing  and  show  cause 
why  such  annexation  should  not  be  made;  and  the  court,  or  a jury 
impaneled  for  that  purpose  (no  member  of  the  jury  so  impaneled 
shall  be  a resident  of  the  corporation  or  territory  to  be  annexed, 
nor  of  the  town  or  towns  in  which  said  corporation  or  terrritory 
may  be  situated),  shall  hear  all  competent  evidence  that  may  be 
offered  by  either  party;  and  the  court  may  continue  the  hearing 
from  time  to  time,  for  any  cause,  and  make  all  proper  orders  in 
regard  to  the  hearing,  giving  of  notices  and  other  disposition  of  the 
case. 

200.  Finding — costs,  etc.  § 6.  If,  upon  the  hearing,'  the 
court  or  the  jury  shall  find  that  such  territory  ought  to  be  annexed 
to  such  city,  village  or  town,  and  can  so  be  done  without  injustice 
to  the  inhabitants  or.  persons  interested,  the  court  shall  so  order. 
If  the  court  or  jury  shall  find  against  the  petitioners,  the  petition 
shall  be  dismissed  at  the  cost  of  the  petitioners  ; and  no  subsequent 
petition  shall  be  presented  for  the  annexation  of  any  of  the  territory 
embraced  in  such  petition,  within  one  year  from  the  time  of  entering 
such  order  : Provided , that  new  trials  may  be  granted  as  in  other 
jury  cases. 

201.  Proceedings  by  owners  to  be  annexed.  §7.  When 
not  less  than  a majority  in  number  of  the  legal  voters  or  the  owner 
or  owners  of  any  tract  or  tracts  of  laud,  contiguous  to  any  incur- 


Cities  and  Villages. 


porated  city,  village  or  town,  shall,  by  petition,  in  writing,  signed 
by  them,  and  filed  in  the  circuit  court  of  the  county  where  such 
territory  or  a major  part  thereof  is  situated,  pray  to  be  annexed  to 
such  city,  village  or  town,  the  like  proceedings  may  be  had  thereon, 
and  with  the  like  effect,  as  in  case  of  a petition  by  a city,  village  or 
town : Provided , a copy  of  the  notice  required  to  be  given  shall  be 
left  with  the  mayor  of  such  city,  or  president  of  .such  village  or 
town,  at  least  ten  days  before  such  petition  is  heard. 

202.  Proceedings  to  disconnect.  § 8.  Whenever  a 
majority  of  the  legal  voters  of  any  territory  within  any  city,  town 
or  village,  and  being  upon  the  border  and  within  the  boundary 
thereof,  shall  petition  the  circuit  court  of  thecounty  in  which  such  city, 
town  or  village  is  situated,  praying  to  be  disconnected  therefrom, 
such  petition  shall  be  filed  with  the  clerk  of  the  court  at  least  ten 
days  before  the  first  day  of  the  term  at  which  it  is  proposed  to  be 
heard,  and  like  proceedings  shall  be  had  as  is  required  by  section 
four,  five  and  six  of  the  act  for  the  annexation  of  territory  to  such 
city,  town  or  village:  Provided , that  the  provisions  of  this  section 
shall  only  apply  to  lands  not  laid  out  into  city  or  town  lots  or  blocks. 

203.  Map  and  ordinance  recorded.  § 9.  When  any 
territory  is  annexed  to  any  city,  village  or  town,  as  provided  in  this 
act,  it  shall  be  the  duty  of  the  mayor  of  the  city,  or  the  president 
of  the  board  of  trustees  of  the  village  or  town,  (as  the  case  may  be,) 
to  cause  an  accurate  map  of  such  added  territory,  together  with  the 
ordinance  for  the  annexation,  certified  by  such  mayor,  and  if  a 
decree  or  order  of  the  court  has  been  made  therefor,  a copy  of  the 
same,  to  be  filed  for  record  and  recorded  in  the  recorder’s  office  for 
the  county  in  which  such  added  territory  is  situated.  If  territory 
is  disconnected  or  excluded  from  any  city,  village  or  town,  a copy 
of  the  ordinance  or  decree  therefor  shall  be  so  filed  for  record  and 
recorded. 

204.  School  districts  may  use  this  act.  § 10.  All  school 
districts,  and  other  corporations  incorporated  for  school  purposes, 
under  special  acts  of  the  legislature,  desiring  to  annex  or  disannex 
territory,  may  proceed  under  the  provisions  of  this  act. 

205  Judicial  notice  of  change.  § J.  All  courts  in  this 
state  shall  take  judicial  notice  of  cities,  towns  and  villages,  and  of 
the  changes  of  their  territory,  made  under  the  provisions  of  this  act. 

AN  ACT  in  relation  to  the  disconnection  of  Territory  from  Cities  and 
Villages.  Approved  and  in  force  May  29,  1879. 

205a.  Disconnecting  territory.  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 


Cm ks  and  Villages. 


73 


That  whenever  the  owners  representing  a majority  of  the  area  of 
land  of  any  territory  within  any  city  or  village,  and  being  upon  the 
border  and  within  the  boundary  thereof,  and  not  laid  out  into  city 
or  village,  lots  or  blocks,  shall  petition  the  city  council  of  such 
city,  or  the  trustees  of  such  village,  praying  the  disconnection  of 
such  territory  therefrom;  such  petition  shall  be  filed  with  the  city 
clerk  of  such  city,  or  the  president  of  the  trustees  of  such  village, 
accompanied  with  a certificate  of  the  county  clerk,  showing  that  all 
city  taxes  or  assessments  due  up  to  the  time  of  presenting  such 
petition  are  fully  paid,  at  least  ten  days  before  the  meeting  of  such 
city  council,  or  trustees,  at  which  it  is  proposed  to  present  such 
petition,  and  the  city  clerk  of  such  city,  or  president  of  the  trustees 
of  such  village,  shall  present  such  petition  to  the  city  council  or 
trustees,  as  the  case  may  be,  and  upon  such  presentation,  the  city 
council  of  such  city  or  trustees  of  such  village  may,  by  ordinance, 
to  be  passed  by  a majority  of  the  members  elected  to  such  city 
council  or  board  of  village  trustees,  disconnect  the  territory  described 
in  such  petition  from  such  city  or  village:  Provided , however,  that 
the  territory  so  disconnected,  shall  not  thereby  be  exempted  from 
taxation,  for  the  purpose  of  paying  any  indebtedness  contracted  by 
the  corporate  authorities  of  such  city  or  village,  while  such  territory 
was  within  the  limits  thereof,  and  remaining  unpaid,  but  the  same 
shall  be  assessed  and  taxed  for  the  purpose  of  paying  such 
indebtedness,  the  same  as  if  such  territory  had  not  been  disconnected, 
until  such  indebtedness  is  fully  paid. 

205b.  Ordinance  recorded.  § 2.  A copy  of  the  ordinance 
disconnecting  territory  from  any  city  or  village,  certified  by  the 
clerk  of  such  city,  or  president  of  the  trustees  of  such  village,  shall 
be  filed  for  record  and  recorded  in  the  recorder’s  office  of  the  county 
in  which  such  disconnected  territory  is  situated,  and  another  copy 
of  such  ordinance  so  certified,  shall  be  filed  Avitli  the  clerk  of  the 
county  court  of  the  county  in  which  such  disconnected  territory  is 
situated. 

205c.  Judicial  notice.  § 3.  All  courts  in  this  state  shall 
take  judicial  notice  of  cities  and  villages,  and  of  the  changes  made 
in  their  territory  under  this  act. 

205d  Repeal.  § 4.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

205e.  Emergency.  § 5.  Whereas,  there  is  no  valid  law 
in  force  in  this  state  enabling  cities  and  villages  to  decrease  their 
corporate  limits,  and  special  legislation  therefor  by  the  General 


74 


Cities  and  Villages. 


Assembly  is  forbidden  by  the  constitution  of  this  state,  therefore 
an  emergency  exists  why  this  act  should  take  effect  immediately: 
therefore  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill  fame,  and  the  official 
inspection  or  medical  examination  of  the  inmates  thereof,  in  the 
incorporated  cities,  towns  and  villages  of  this  state.  Approved  and  in 
force  March  27,  1874. 

Section. 

1.  Licensing  and  medical  inspection  forbidd^p. 

2.  Emergency. 

217.  Licensing,  etc.  § 1 .Be  it  enacted  by  the  People  of  the 
State  of  Illinois , represented  in  the  General  Assembly , That  it  shall 
be  unlawful  for  the  corporate  authorities  of  any  city,  town  or 
village  in  this  state  to  grant  a license  to  any  person,  male  or  female, 
to  keep  what  is  known  as  a house  of  ill-fame  or  house  of  prostitution. 
And  it  shall  be  unlawful  for  any  board  of  health  (or  any  member 
or  employee  of  the  same)  now  existing,  or  which  may  hereafter 
exist  under  the  laws  of  this  state,  to  interfere  in  the  management  of 
any  house  of  ill-fame  or  hoiHe  of  prostitution,  or  to  provide  in  any 
manner  for  the  medical  inspection  or  examination  of  any  inmate 
of  the  same. 

218  Emergency.  § 2.  W hereas,  the  legislative  authorities 
of  certain  cities  in  this  state  are  about  to  license  houses  of  ill-fame, 
therefore  an  emergency  exists  why  this  act  should  take  effect 
immediately : therefore^  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


POLICE  DISTRICTS  AND  THE  POWERS  AND  DUTIES  OF  POLICE 
THEREIN. 

AN  ACT  to  define  police  districts  and  the  powers  and  the  duties  of  the 
police  therein.  Approved  and  in  force  May  13,  1887. 

219.  What  shall  be  a police  district.  § 1 .Be  it  enacted 
by  the  People  of  the  State  of  Illinois  represented  in  the  General 
Assembly , That  the  territory  which  is  embraced  within  the  limits  of 

Note.  For  act  relating  to  the  annexation  of  cities,  incorporated  towns 
and  villages,  see  session  laws  of  1889. 


Cities  and  Villages. 


75 


adjoining  cities,  villages  and  incorporated  towns,  within  any  county 
in  this  state  shall  be  a police  district. 

220.  Police  may  go  into  any  part  of  such  district  to 
suppress  riot,  etc. — duty  of  mayor.  § 2.  It  shall  be  lawful 
for  thS  police  of  any  city,  village  or  incorporated  town  in  such 
district  to  go  into  any  part  of  such  district  to  suppress  riot,  to 
preserve  the  peace  and  protect  the  % lives,  rights  and  property  of 
citizens,  and  for  such  purpose  it  shall  be  the  duty  of  the  mayor  of 
any  city,  the  president  or  the  president  and  board  of  trustees  of  any 
village  or  incorporated  town  in  such  district,  and  the  chiefs  of 
police  therein,  to  use  the  police  forces  under  their  control  anywhere 
in  such  district. 

221.  Emergency.  § 3.  Whereas,  an  emergency  exists, 
this  act  shall  be  in  force  from  and  after  its  passage. 


WATER  WORKS. 

AN  ACT  to  enable  cities,  incorporated  towns  and  villages  to  contract  for 
a supply  of  water  for  public  use  and  to  levy  and  collect  a tax  to  pay  for 
water  so  supplied.  Approved  June  26,  1885  ; in  force  July  1,  1885. 

Section. 

1.  Power  to  contract  for  water. 

2.  Tax. 

242.  Power  to  contract,  etc.  § 1.  it  enacted  by  the 
People  of  the  State  of  Illinois , represented  in  the  General  Assembly, 
That  in  all  cities,  incorporated  towns  and  villages  where  water-works 
have  been  or  may  hereafter  be  constructed  by  any  person  or 
incorporated  company,  the  city,  town  or  village  authorities  in  such 
cities,  incorporated  towns  and  villages  may ' contract  with  such 
person  or  incorporated  company  for  a supply  of  water  for  public 
use,  for  a period  not  exceeding  thirty  years. 

243.  Tax.  § 2.  Any  such  city  or  village  so  contracting  may 
levy  and  collect  a tax  on  all  taxable  property  within  such  city  or 
village,  to  pay  for  the  water  so  supplied. 


WATER-WORKS— FIXING  MAXIMUM  RATES. 

AN  ACT  to  enable  cities,  towns  and  villages  incorporated  under  any 
general  or  special  laws  of  this  state  to  fix  the  rates  and  charges  for  the 
supply  of  water  furnished  by  any  individual  company  or  corporation  to 
any  such  city,  town  or  village  and  the  inhabitants  thereof.  Approved 
June  6,  1891 : in  force  July  1,  1891. 


76 


Cities  and  Villages. 


243a.  May  fix  rates  for  water  supply.  § 1.  Be  it 
enacted  by  the  people  of  the  State  of  Illinois  represented  in  the 
General  Assembly , That  the  corporate  authorities  of  any  city,  town 
or  village,  now  or  hereafter  incorporated  under  any  general  or 
special  laws  of  this  state,  in  which  any  individual,  company  or 
corporation  has  been  or  hereafter  may  be,  authorized  by  such  city, 
town  or  village,  to  supply  water  to  such  city,  town  or  village  and 
the  inhabitants  thereof,  be  and  are  hereby  empowered  to  prescribe 
by  ordinance  maximum  rates  and  charges  for  the  supply  of  water 
furnished  by  such  individual,  company  or  corporation  to  such  city, 
town  or  village  and  the  inhabitants  thereof,  such  rates  and  charges 
to  be  just  and  reasonable.  And  in  case  the  corporate  authorities  of 
any  such  city,  town  or  village  shall  fix  unjust  and  unreasonable 
rates  and  charges,  the  same  may  be  reviewed  and  determined  by 
the  circuit  court  of  the  county  in  which  such  city,  town  or  village 
may  be. 

SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix 
the  salaries  of  city  officers.  Approved  and  in  force  April  23,  1873. 

Section. 

1.  When  to  be  fixed — not  changed  duiing  term. 

2.  Emergency. 

244.  When  to  be  fixed,  etc.  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois , represented  in  the  General  Assembly , 
It  shall  and  may  be  lawful  for  the  common  council  or  legislative 
authority  of  any  city  in  this  state  to  establish  and  fix  the  amount 
of  salary  to  be  paid  any  and  all  city  officers,  as  the  case  may  be, 
except  members  of  such  legislative  body,  in  the  annual  appropriation 
bill  or  ordinance  made  for  the  purpose  of  providing  for  the  annual 
expenses  of  any  such  city,  or  by  some  ordinance  prior  to  the  passage 
of  such  annual  appropriation  bill  or  ordinance;  and  the  salaries  or 
compensation  thus  fixed  or  established,  shall  neither  be  increased 
nor  diminished  by  the  said  common  council  or  legislative  authority 
of  any  such  city,  after  the  passage  of  said  annual  appropriation  bill 
or  ordinance,  during  the  year  for  which  such  appropriation  is  made, 
and  no  extra  compensation  shall  ever  be  allowed  to  any  such  officer 
or  employee  over  and  above  that  provided  in  manner  aforesaid. 
[See  § 84-85.] 

245.  Emergency.  §2.  Whereas,  the  corporate  authorities 
of  certain  cities  in  this  state  have  no  power  to  establish  or  fix 


Cities  and  Villages. 


77 


salaries  of  their  city  officers  in  certain  cases,  whereby  an  emergency 
exists  requiring  this  act  to  take  immediate  effect:  therefore,  this 
act  shall  take  efiect  and  be  in  force  from  and  after  its  passage. 

REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and  townsv 
of  taxes  ievied  upon  property  destroyed  by  fire,  and  to  authorize  the 
common  council  of  such  cities,  or  board  of  trustees  of  such  towns,  to 
change  or  amend  appropriation  bills,  to  pass  new  appropriation  bills, 
to  reduce  taxes  and  special  assessments  in  certain  cases,  and  to 
discontinue  special  improvements.  Approved  and  in  force  January  18, 
1872. 

Section. 

1.  Rebate  when  property  destroyed. 

2.  Reduce  or  release  tax  or  assessment. 

250.  Rebate  when  property  destroyed.  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly , That  whenever,  in  any  incorporated  city  or 
town  in  this  state,  any  property  listed  or  assessed  for  municipal 
taxation,  shall  have  been  or  shall  hereafter  be  destroyed  by  fire,  in 
whole  or  in  part,  before  the  levy  of  the  municipal  taxes  of  such 
city  thereon,  or  before  the  municipal  taxes  levied  thereon  shall  have 
been  collected,  it  shall  and  may  be  lawful  for  the  mayor  of  such 
city  or  town — if  there  be  no  mayor,  then  the  president  of  the  board 
of  trustees,  the  city  comptroller,  if  there  should  be  one ; and  if  not, 
then  the  city  clerk  or  town  clerk,  and  the  tax  commissioner,  if 
there  should  be  one;  if  not,  then  the  chairman  of  the  finance 
committee  of  the  city  council,  or  board  of  trustees — to  rebate  or 
remit  so  much  of  such  tax  or  taxes,  so  levied  upon  such  property, 
as  in  their  opinion  should  be  rebated  or  remitted  by  reason  of  such 
property  having  been,  in  whole  or  in  part,  destroyed  by  fire. 

2 51.  Reduce  or  release  tax,  etc.  § 2.  That  whenever, 
in  any  incorporated  city  or  town  in  this  state,  any  large  portion  of 
the  taxable  property  of  such  city  shall  have  been  or  shall  hereafter 
be  destroyed  by  fire,  so  as  to  seriously  impair  or  affect  the  ability 
of  the  property  owners  of  such  city  or  town  to  pay  taxes  or  special 
assessments  thereon,  and  an  appropriation  bill  has  been  made  or 
passed,  or  special  improvements  ordered  before  such  fire,  and  the 
tax  or  assessment  for  the  payment  or  raising  of  the  same  has  not 
been  levied  or  collected,  it  may  be  lawful  for  the  city  council  or 
board  of  trustees  of  any  such  town  to  alter,  revise,  change,  reduce 
or  vacate,  or  repeal  such  appropriation  bill,  or  any  part  of  the  same, 


78 


Cities  and  Villages. 


and  to  order  the  discontinuance  of  said  special  improvements,  or 
any  of  the  same,  or  to  reduce  the  amount  of  taxes  or  special 
assessments  ordered  to  be  levied,  or  assessed,  or  collected  for  any 
general  or  special  purpose,  and  to  pass  a new  appropriation  bill ; 
which  new  appropriation  bill  shall  have  the  same  force  and  effect 
as  if  the  same  had  been  passed  within  the  time  prescribed  by  the 
charter  of  ally  such  city  or  such  corporate  town. 


SEWERAGE,  WATER  AND  LIGHT  TAXES. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and 
water-works  in  cities  of  this  state,  that  may  have  established  a system 
of  sewerage  and  water-works  for  such  city,  and  to  repeal  an  act  therein 
named,  and  to  authorize  the  cities,  villages  and  incorporated  towns  of 
this  state  to  levy  and  collect  taxes  to  pay  for  water  and  light.  Approved 
June  21,  1883;  in  force  July  1,  1883. 

Section. 

1.  Sewerage  fund  tax. 

2.  Sewerage  fund  and  light  tax. 

3.  Repeal. 

25  3.  Sewerage  fund  tax.  § 1 .Beit  enacted  by  the  People 
of  the  State  of  Illinois , represented  in  the  General  Assembly : That 
the  legislative  authority  of  any  city  which  now  has,  or  may 
hereafter  have  established  a system  of  sewerage  for  such  city  shall 
have  power,  annually,  to  levy  and  collect  a tax  upon  the  - taxable 
real  and  personal  estate  of  such  city,  not  to  exceed  one  mill  on  a 
dollar,  for  the  extension  and  laying  of  sewers  therein,  and  the 
maintenance  of  such  sewers,  which  tax  shall  be  known  as  “The 
Sewerage  Fund  Tax/’  and  shall  be  levied  and  collected  in  the  same 
manner  that  other  general  taxes  of  any  such  city  are  levied  and 
collected:  Provided , however,  that  the  board  of  public  wrorks  of 
such  city,  if  any,  or  the  head  of  the  Sewer  department  of  such  city, 
shall  first  certify  to  such  legislative  authority  the  amount  that  will 
be  necessary  for  such  purpose  : Provided , further,  that  a two-thirds 
majority  of  all  the  members  elect  of  the  legislative  authority  of 
such  city,  may  levy  a tax  for  such  purposes,  not  to  exceed  three 
mills  on  each  dollar  of  the  taxable  property  of  such  city:  and, 
provided , such  “sewerage  fund  tax”  shall  not  be  included  prior  to 
the  year,  1891,  in  the  aggregate  amount  of  taxes  as  limited  by 
section  one  (1)  of  article  eight  (8)  of  an  act  for  the  incorporation 
of  cities  and  villages  approved  April  10,  1872.  [As  amended  by 
act  approved  and  in  force  March  22,  1889.] 


ClTIKS  AND  VILLAGES. 


79 


254.  Sewerage  fund  and  light  tax.  § 2.  The  legislative 
authority  of  any  city  which  now  has,  or  which  may  hereafter  have 
established  or  hired  water  works,  for  the  supply  of  water  to  the 
inhabitants  thereof,  shall  have  p'ower  to  annually  levy  and  collect  a 
tax  upon  the  taxable  real  and  personal  estate  of  any  such  city, 
whether  organized  under  a special  charter  or  the  general  law,  not 
to  exceed  one  mill  on  the  dollar,  for  the  extension  of  water  mains 
or  pipes  therein,  and  the  maintenance  of  such  water  works,  or  to 
the  creation  of  a sinking  fund  to  be  applied  to  the  establishment  of 
water  works,  which  tax  shall  be  known  as  the  “Water  Fund  Tax,” 
and  shall  be  levied  and  collected  in  the  same  manner  that  other 
general  taxes  of  any  such  city  are  levied  and  collected : Provided , 
that  the  board  of  public  works  of  such  city,  if  any,  or  the  head  of 
the  water  department  of  such  city,  shall  first  certify  to  such  legislative 
authority,  the  amount  that  will  be  necessary  for  such  purposes,  and 
shall  further  certify  that  the  revenue  or  income  from  such  water 
works  will  be  insufficient  therefor:  Provided , further,  that  two- 
thirds  majority  of  all  the  members  elect  of  the  legislative  authority 
of  such  city  may  levy  a tax  for  such  purposes,  not  to  exceed  three 
mills  on  each  dollar  of  the  taxable  property  of  such  city  : And, 
'provided,  further,  that  the  legislative  authority  of  each  of  the  cities, 
villages  and  incorporated  towns  in  this  state,  with  the  concurrence 
of  two-thirds  of  the  members  thereof,  shall  be  authorized  to  levy, 
and  collect  annually,  upon  the  taxable  property  within  its  limits,  in 
addition  to  all  other  taxes  now  authorized  by  law,  a tax  of  not 
exceeding  three  mills  on  the  dollar  of  such  taxable  property  to  be 
used  exclusively  for  the  purpose  of  lighting  streets,  and  a further 
tax  of  not  exceeding  two  mills  on  the  dollar  of  such  taxable 
property,  to  be  used  exclusively  for  the  purpose  of  supplying  water 
to  such  city,  village  or  incorporated  town:  Provided,  also,  that 
nothing  in  this  act  shall  be  so  construed  as  to  increase  the  amount 
of  aggregate  taxes  that  may  be  levied  in  any  one  year  by  any  city 
or  village  as  provided  in  section  one  (1),  of  article  VIII  of  an  act 
entitled  “An  act  to  provide  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  1872. 

2 5 5.  Repeal.  § 3.  An  act  entitled  “An  act  in  relation  to 
the  levy  and  collection  of  taxes  for  sewerage  and  water  works  in 
the  cities  of  this  state,  that  may  have  established  a system  of 
sewerage  and  water  works  for  such  city,”1  approved  and  in  force 
April  22,  1871,  is  hereby  repealed. 


80 


Cities  and  Villages. 


TAXES. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes. 

Approved  May  23,  1877  ; in  force  July  1,  1877. 

256.  HOW  MAY  BE  ASSESSED  AND  COLLECTED.  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly,  That  all  cities,  villages,  and  incorporated  towns, 
in  this  state  whether  organized  under  the  general  law  or  special 
charters,  shall  assess  and  collect  their  taxes  in  the  manner  provided 
for  in  article  eight  (8)  of  the  act  entitled,  “An  act  to  provide  for 
the  incorporation  of  cities  and  villages,”  approved  April  10,  1872, 
and  in  the  manner  provided  for  in  the  general  revenue  laws  of  this 
state;  and  all  acts,  or  parts  of  acts,  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed.  [See  § 111-115.] 


SURPLUS  FUND  OF  TAX. 

AN  ACT  to  prohibit  any  city,  town  or  village  in  this  state  from  receiving 
from  the  county  treasury  a greater  proportion  of  the  surplus  fund  or 
tax,  than  shall  be  received  by  any  other  city,  town  or  village  within  the 
same  county.  Approved  May  4,  1877  ; and  in  force  July  1,  1877. 

Section. 

1.  Proportion  of  tax. 

2.  Drawback — amount  city,  etc.,  may  receive. 

2 57.  Proportion  of  tax.  § 1.  Beit  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly,  " That  no 
city,  town  or  village  within  any  county  in  this  state,  shall  be 
entitled  to  or  shall  receive  from  the  county  treasury  of  such  county 
any  greater  proportion  of  surplus  of  all  taxes  which  may  be 
collected  for  county  purposes,  than  any  other  city,  town  or  village 
within  the  county. 

2 58.  Drawback — amount  city,  etc.  § 2.  Nor  shall  any 
such  city,  town  or  village  be  entitled  to,  or  receive  from  the  county 
treasury  any  greater  drawback  of  its  proportion  of  the  taxes  paid 
into  the  county  treasury  by  reason  of  any  appropriation  by  the 
county  board,  out  of  the  county  treasury  for  the  making  and 
repairing  of  roads  and  highways,  the  building  and  repairing  of 
bridges  in  such  county,  without  any  such  city,  town  or  village 
within  such  county,  than  is  now  allowed  by  law  to  all  other  cities, 
towns  and  villages  within  the  same  county.  Any  acts,  or  parts  of 
acts,  conflicting  with  this  act,  are  hereby  repealed. 


Cities  and  Villages. 


81 


LABOR  ON  STREETS. 

AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and 
villages  in  this  state.  Approved  May  31,  1879  5 in  force  July  1,  1879. 

Section. 

1.  Labor  on  streets,  etc. 

2.  Fines  and  penalties. 

258a.  Labor  on  streets,  etc.  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  .General  Assembly, 
That  the  city  council  in  all  cities  and  the  president  and  board  of 
trustees  in  all  villages  in  this  state,  may  have  power,  by  ordinance, 
to  require  every  able-bodied  male  inhabitant  of  any  such  city  or 
village,  above  the  age  of  twenty-one  years  and  under  the  age  of 
fifty  years  (excepting  paupers,  idiots,  lunatics,  and  such  others  as 
are  exempt  by  law),  to  labor  on  the  streets  and  alleys  of  any  such 
city  or  village,  not  more  than  two  (2)  days  in  each  year;  but  such 
ordinance  shall  provide  for  commutation  of  such  labor  at  seventy- 
five  cents  per  day. 

258b.  Fines  and  penalties.  § 2.  Any  such  city  council 
or  president  and  board  of  trustees  of  any  such  village  shall  have 
power,  by  ordinance,  to  provide  such  fines  and  penalties  as  may  be 
necessary  to  enforce  the  provisions  of  this  act. 


SIDEWALKS. 

AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in 
cities,  towns  and  villages.  In  force  July  1,  1875. 

Section. 

1.  Sidewalks  by  taxation. 

2.  What  ordinance  may  provide. 

3.  In  case  of  default  to  construct  sidewalk. 

4.  Special  tax — duty  of  clerk— report. 

5.  General  officer  to  obtain  judgment — by  what  law  governed. 

6.  When  constructed  by  owner,  may  obtain  order. 

259.  Sidewalks  by  taxation.  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  in  addition  to  the  mode  now  authorized  by  law,  any  city  or 
incorporated  town  or  village  may  by  ordinance  provide  for  the 
construction  of  sidewalks  therein,  or  along  or  upon  any  street  or 
part  of  street  therein,  and  may,  by  such  ordinance,  provide  for  the 
6 


82 


Cities  and  Villages. 


payment  of  the  whole  or  any  part  of  the  cost  thereof  by  special 
taxation  of  the  lot,  lots  or  parcels  of  land  • touching  upon  the  line 
where  any  such  sidewalk  is  ordered,  and  such  special  taxation  may 
be  either  by  a levy  on  any  lot  of  die  whole,  or  any  part  of  the 
cost  of  making  any  such  sidewalk  in  front  of  such  lot  or  parcel  of 
land,  or  by  levying  the  whole  or  any  part  of  the  cost  upon  each  of 
the  lots  or  parcels  of  land  touching  upon  the  line  of  such  sidewalk, 
pro  rata , upon  each  of  said  lots  or  parcels,  according  to  their 
respective  values — the  values  to  be  determined  by  the  last  preceding 
assessment  thereof  for  the  purpose  of  state  and  county  taxation  ; 
or  the  whole  or  any  part  of  the  cost  thereof  may  be  levied  upon 
such  lots  or  parcels  of  land  in  proportion  to  their  frontage  upon 
such  sidewalks,  or  in  proportion  to  their  superficial  area,  as  may  be 
provided  by  the  ordinance  ordering  the  laying  down  of  such  side- 
walk ; and  in  case  such  ordinance  shall  only  require  the  payment 
of  a part  of  the  cost  of  such  sidewalk  to  be  paid  by  special  tax  as 
aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out  of  any 
fund  of  such  city,  town  or  village  raised  by  general  taxation  upon 
the  property  thereof,  and  not  otherwise  appropriated. 

260.  What  ordinance  may  provide.  §2.  Said  ordinance 
shall  define  the  location  of  such  proposed  sidewalk  with  reasonable 
certainty,  shall  prescribe  its  width,  the  materials  of  which  it  shall 
be  constructed,  and  the  manner  of  its  construction,  and  may  provide 
that  the  materials  and  construction  shall  be  under  the  supervision 
of,  and  subject  to  the  approval  of  some  officer  or  board  of  officers 
of  such  city,  town  or  village,  to  be  designated  in  said  ordinance. 
Said  ordinance  shall  be  published  as  required  by  law  for  other 
ordinances  of  said  city,  town  or  village,  and  may  require  all  owners 
of  lots  or  parcels  of  land  touching  the  line  of  said  proposed  side- 
walk, to  construct  a sidewalk  in  front  of  their  respective  lots  or 
parcels  in  accordance  with  the  specifications  of  said  ordinance,  within 
thirty  days  after  such  publication,  and  in  default  thereof,  said 
materials  to  be  furnished  and  sidewalk  to  be  constructed  by  said 
city,  town  or  village,  and  the  cost,  or  such  part  thereof  as  may  be 
fixed  in  said  ordinance,  may  be  collected  from  the  respective  owners 
of  said  lots  or  parcels  of  land  as  hereinafter  provided. 

261.  In  case  of  default,  etc.  § 3.  In  case  of  the  default 
of  any  lot  owner  or  owners  to  construct  the  sidewalks,  as  required 
by  ordinance,  and  the  same  shall  be  constructed  by  the  city,  town 
or  village,  the  cost  thereof,  or  such  part  of  the  cost  thereof  as  may 
have  been  fixed  by  said  ordinance,  may  be  recovered  of  the  owners 
so  in  default,  by  an  action  of  debt  in  the  name  of  the  city,  town  or 
village,  against  such  owners  respectively,  in  any  court  of  competent 


Cities  and  Villages. 


83 


jurisdiction,  or  upon  the  completion  of  the  work  by  such  city,  town 
or  village.  Such  ordinance  may  provide  that  a bill  of  the  cost  of 
of  such  sidewalk,  showing  iu  separate  items  the  cost  of  grading, 
materials,  laying  down  and  supervision,  shall  be  filed  in  the  office 
of  the  clerk  of  such  city,  town  or  village,  certified  to  by  the  officer 
or  board  designated  by  said  ordinance  to  take  charge  of  the 
construction  of  such  sidewalk,  together  with  a list  of  the  lots  or 
parcels  of  land  touching  upon  the  line  of  said  sidewalk,  the  names 
of  the  owners  thereof,  and  the  frontage,  superficial  area,  or  assessed 
value  as  aforesaid,  according  as  said  ordinance  may  provide  for  the 
levy  of  said  cost  by  frontage,  superficial  area  or  assessed  value; 
whereupon  said  clerk  shall  proceed  to  prepare  a special  tax  list 
against  said  lots  or  parcels,  and  the  owners  thereof,  ascertaining  by 
computation  the  amount  of  special  tax  to  be  charged  against  each 
of  the  said  lots  or  parcels  and  the  owners  thereof,  on  account  *>f  the 
construction  of  said  sidewalk,  according  to  the  rule  fixed  for  the 
levy  of  such  special  tax  by  said  ordinance,  which  special  tax  list 
shall  be  filed  in  the  office  of  said  clerk;  and  said  clerk  shall 
thereupon  issue  warrants  directed  to  such  officer  as  may  be  designated 
in  such  ordinance,  for  the  collection  of  the  amount  of  special  tax  so 
ascertained  and  appearing  from  said  special  tax  list  to  be  due  from 
the  respective  owners  of  the  lots  or  parcels  of  land  touching  upon 
the  line  of  said  walk;  and  such  officer  shall  proceed  to  collect  such 
warrants  iu  the^ame  manner  as  constables  are  authorized  to  collect 
executions,  and  make  return  thereof,  together  with  the  moneys 
collected,  to  the  clerk  of  such  city,  town  or  village,  within  sixty 
days  from  the  date  of  their  issue  ; and  in  case  any  such  warrant 
shall  be  returned,  as  to  the  whole  or  any  part  thereof,  “no  property 
found,”  other  warrants  may  issue,  aud  proceeding  by  garnishment 
may  be  resorted  to  as  in  case  of  garnishment  in  aid  of  collection  of 
judgments  at  law,  and  all  moneys  so  collected  and  paid  over  to  said 
clerk,  shall  be,  by  him,  immediately  paid  over  to  the  treasurer  of 
said  city,  town  or  village. 

262.  Special  tax — duty  of  clerk,  etc.  § 4.  Upon  the 
failure  to  collect  such  special  tax  as  heretofore  provided  in  this  act, 
it  shall  be  the  duty  of  said  clerk,  within  such  time  as  said  ordinance 
may  provide,  to  make  report  of  all  such  special  tax,  in  writing,  to 
such  general  officer  of  the  county  as  may  be  authorized  by  law  to 
apply  for  judgment  against,  and  sell  lands  for  taxes  due  the  county 
or  state,  of  all  the  lots  or  parcels  of  land  upon  which  such  special 
tax  shall  be  so  unpaid,  with  the  names  of  the  respective  owners 
thereof,  so  far  as  the  same  are  known  to  said  clerk,  and  the  amount 
due  and  unpaid  upon  each  tract,  together  with  a copy  of  the 


84 


Cities  and  Villages. 


ordinance  ordering  the  construction  of  said  sidewalk,  which  report 
shall  be  accompanied  by  the  oath  of  the  clerk  that  the  list  is  a 
correct  return  of  the  lots  and  parcels  of  land  on  which  the  special 
tax  levied  by  authority  of  said  city,  town  or  village,  for  the  cost  or 
partial  cost  (as  the  case  may  be)  of  the  sidewalk  in  said  ordinance 
specified,  remains  due  and  unpaid,  and  that  the  amounts  therein 
stated  as  due  and  unpaid  have  not  been  collected,  nor  any  part 
thereof.  Said  report  when  so  made,  shall  be  prima  facie  evidence 
that  all  the  forms  and  requirements  of  the  law  in  relation  to  making 
such  return  have  been  complied  with,  and  that  the  special  tax  as 
mentioned  in  said  report,  is  due  and  unpaid. 

263,  General  officer  to  obtain  judgment,  etc.  § 5. 
When  said  general  officer  shall  receive  the  aforesaid  report,  he  shall 
at  once  proceed  to  obtain  judgment  against  said  lots  or  parcels  of 
land  for  said  special  tax  remaining  due  and  unpaid,  in  the  same 
manner  as  may  be  provided  by  law  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  the  county  and  state,  and  shall  in 
the  same  manner  proceed  to  sell  the  same  for  the  said  special  tax 
due  and  unpaid.  In  obtaining  said  judgment  and  making  said  sale, 
the  said  officer  shall  be  governed  by  the  general  revenue  laws  of  the 
state,  except  when  otherwise  provided  herein,  and  said  general  laws 
shall  also  be  applicable  to  the  execution  of  certificates  of  sale^and 
deeds  thereon,  and  the  force  and  effect  of  such  sales  and  deeds;  and 
all  other  laws  in  relation  to  the  enforcement  and  collection  of 
taxes,  and  redemption  from  tax  sales,  shall  be  applicable  to 
proceedings  to  collect  such  special  tax,  except  as  herein  otherwise 
provided. 

264.  When  constructed  by  owner,  etc.  § 6.  Whenever 
payment  of  the  costs  of  any  such  sidewalk  is  required  to  be  made 
in  part  by  special  tax,  and  in  part  out  of  the  general  fund  of  such 
city,  town  or  village,  and  the  owner  of  any  such  lot  or  parcel  of 
land  shall  construct  such  sidewalk  in  accordance  with  the  ordinance 
providing  for  its  construction,  such  owner  shall  file  with  the  clerk 
of  such  city,  town  or  village,  an  itemized  statement  of  the  cost  of 
such  sidewalk  so  constructed  by  him,  verified  by  affidavit,  together 
with  a certificate  of  the  officer  or  board  directed  by  such  ordinance 
to  superintend  the  construction  thereof,  that  such  sidewalk  has  been 
constructed  and  fully  completed  by  such  owner  in  accordance  with 
such  ordinance,  and  the  council  of  such  city,  town  or  village  shall 
thereupon,  at  its  first  meeting  thereafter,  allow  and  order  to  be 
issued  to  such  owner  an  order  on  the  treasurer  of  such  city,  town  or 
village,  for  the  cost  of  the  construction  of  such  sidewalk,  less  the 


Cities  and  Villages. 


85 


amount  of  special  tax  chargeable  to  the  lot  or  parcel  of  laud  of  such 
owner  on  the  line  of  which  such  sidewalk  has  been  so  constructed. 
[Approved  April  15,  1875.] 

ELECTIONS. 

AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during 
elections  of  cities,  towns  and  villages  in  this  state.  Approved  May  29, 
1879;  in  force  July  1,  1879. 

265.  Time  of  opening  and  closing  polls.  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly , That  in  all  city,  town  or  village  elections,  in  this 
State,  the  polls  shall  remain  open  from  eight  (8)  o’clock  a.  m.,  until 
seven  (7)  o’clock  p.  m.,  any  law  in  any  special  charter  to  the 
contrary  notwithstanding. 


PUNISHMENT  OF  PERSONS  VIOLATING  ORDINANCES. 

AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the 
ordinances  of  the  several  cities  and  villages  in  this  state.  Approved 
and  in  force  April  12,  1879. 

Section. 

1.  Arrest— imprisonment — work-house. 

2.  Repeal. 

267.  Arrest — imprisonment,  etc.  § 1.  Beit  enacted  by 
the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  in  all  actions  for  the  violation  of  any  ordinance  of 
any  city  or  village  organized  under  any  general  or  special  law  of  this 
state,  the  first  process  shall  be  a summons  : Provided , however , that 
a warrant  for  the  arrest  of  the  offender  may  issue  in  the  first 
instance,  upon  the  affidavit  of  any  person  that  any  such  ordinance 
has  been  violated,  and  that  the  person  making  the  complaint  has 
reasonable  grounds  to  believe  that  the  party  charged  is  guilty 
thereof;  and  any  person  arrested  upon  such  warrant,  shall,  without 
unnecessary  delay,  be  taken  before  the  proper  officer,  to  be  tried  for 
the  alleged  offense.  Any  person  upon  whom  any  fine  or  penalty 
shall  be  imposed  may,  upon  the  order  of  the  court  or  magistrate 
before  whom  the  conviction  Is  had,  be  committed  to  the  county  jail 
or  the  calaboose,  city  prison,  work-house,  house  of  correction,  or 
other  place  provided  by  such  cities  or  villages  by  ordinance  for  the 
incarceration  of  such  offenders  until  such  fine,  penalty,  and  cost 


86 


Cities  and  Villages. 


shall  be  fully  paid  : Provided,  that  no  such  imprisonment  shall 
exceed  six  months  for  any  one  offense.  The  city  council  or  board 
of  trustees  of  any  such  cities  or  villages  shall  have  power  to  provide 
by  ordinance  that  every  person  so  committed  shall  be  required  to 
work  at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  work-house,  house  of  correction  or  other  place 
provided  for  the  incarceration  of  such  offenders,  not  to  exceed  ten 
hours  each  working  day  ; and  for  such  work  the  person  so  employed, 
or  worked,  shall  be  allowed,  exclusive  of  his  or  her  board,  the  sum 
of  fifty  cents  for  each  day’s  work  on  account  of  such  fine  and  costs. 

268.  Repeal.  § 2.  All  acts  and  parts  of  acts  inconsistent 
with  the  foregoing  section  are  hereby  repealed. 

SUITS— HOW  BROUGHT. 

AN  ACT  entitled  “An  act  in  regard  to  suits  by  incorporated  cities  and 
villages,  and  to  enforce  penalties  and  recover  fines  for  violating  the 
ordinances  thereof.”  Approved  May  31,  1879;  in  force  July  1,  1879. 

270.  Suits — how  brought,  etc.  § 1 .Be  it  eneeted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly , 
That  all  actions  to  recover  any  fine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village  in  this  state,  shall  be  brought 
in  the  corporate  name  of  the  city  or  village,  as  plaintiff,  and  no 
prosecution,  recovery  or  acquittal  for  the  violation  of  any  such 
ordinance  shall  constitute  a defense  to  any  other  prosecution  of  the 
same  party,  for  any  other  violation  of  any  such  ordinance,  athough 
the  different  causes  of  action  existed  at  the  same  time,  and,  if  united, 
would  not  have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 


TO  AUTHORIZE  CITIES  TO  CONSTRUCT  AND  REPAIR  DRAINS, 
ETC. 

AN  ACT  to  vest  the  corporate  authorities  of  cities  and  villages  with 
power  to  construct,  maintain  and  keep  in  repair  drains,  ditches,  levees, 
dykes  and  pumping  works  for  drainage  purposes  by  special  assessment 
upon  the  property  benefitted  thereby.  Approved  June  22,  1885. 

Cities  and  villages  empowered  to  construct  drains,  etc. 
§ 1.  Be  it  ordained  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  the  corporate  authorities  of  cities 
and  villages  are  hereby  vested  with  power  to  construct  drains, 
ditches  levees  and  dykes,  to  erect  pumping  works,  and  to  acquire  the 
necessary  land  and  machinery  for  such  purposes  and  otherwise  to 


ClTIKS  AND  Vi  LLAGES. 


87 


provide  for  draining  any  portion  of  the  lands  within  their  eorporate 
limits,  by  special  assessment  upon  the  property  benefitted  thereby. 

Drainage  improvements  by  special  assessments.  § 2. 
That  the  corporate  authorities  of  cities  and  villages  are  hereby 
vested  with  the  power  to  maintain  and  keep  in  repair  such  drains, 
ditches,  levees,  dykes,  pumping  works  and  machinery  and  such 
drainage  improvement  by  special  assessment  upon  the  property 
benefitted  thereby : Provided , that  no  lot,  block,  tract  or  parcel  of 
land  shall  be  assessed  more  than  once  in  any  one  year  for  such 
maintenance  and  repair. 

Proceedings  in.  § 3.  All  the  proceedings  for  the  making  of 
the  improvements  in  this  act  mentioned,  and  for  the  maintenance 
and  repair  thereof,  and  for  the  levy  and  collection  of  the  special 
assessments  to  defray  the  cost  of  the  same,  shall  be  in  accordance 
with  the  provisions  of  article  nine  of  the  general  act  for  the 
incorporation  of  cities  and  villages  approved  April  10,  1872. 


TO  AUTHORIZE  CITIES  AND  VILLAGES  TO  CONVEY  REAL  OR 
PERSONAL  ESTATE  NOT  NECESSARY,  ETC. 

AN  ACT  to  authorize  cities  and  villages  to  convey  any  real  or  personal 
estate,  or  their  right  and  title  therein,  when  the  same  shall  be  no  longer 
necessary  for,  or  profitable  to,  or  its  longer  retention  be  for  the  best 
interests  of  such  city  or  village.  Approved  March  22,  1889. 

City  council  or  board  of  trustees  may  pass  ordinance  to 

SELL  REAL  or  PERSONAL  ESTATE  NO  LONGER  NECESSARY.  §1.  Be 
it  enacted  by  the  People  of  the  State  of  Illinois , represented  in  ‘the  Gen- 
eral Assembly,  That  any  city  or  village  incorporated  under  any  gen- 
eral or  special  law  of  this  state,  which  shall  have  acquired  or  hold  any 
eral  or  personal  estate,  for  any  purpose  whatsoever,  is  hereby  author- 
ized and  empowered  by  ordinance  passed  by  three-fourths  of  the 
members  of  the  city  council  of  any  such  city,  or  the  board  of  trustees 
of  any  such  village,  at  any  regular  or-any  special  meeting  called  for 
such  purpose,  to  sell  such  property,  when  the  same  shall,  in  the 
opinion  of  such  majority  of  such  city  council  or  board  of  trustees, 
be  no  longer  necessary,  appropriate  or  required  for  the  use  of  such 
city  or  village,  or  profitable  to,  or  its  longer  retention  be  for  the  best 
interests  of  such  city  or  village. 

What  ordinance  shall  specify — notice  of  sale — opening 
of  bids,  etc.  § 2.  Such  ordinance  shall  specify  the  location  of  such 
real  or  personal  estate  and  the  use  thereof,  of  whatever  kind  the  same 


88 


Cities  and  Villages. 


may  be,  and  before  any  sale  shall  be  made,  under  or  by  virtue  of 
any  such  ordinance,  by  the  city  council  of  any  such  city,  or  the  board 
of  trustees  of  any  such  village,  such  ordinance  and  the.  proposal  to 
sell  shall  be  published  in  one  of  its  daily  or  weekly  papers  for  a 
period  of  not  less  than  sixty  days,  and  if  no  paper  be  published  in 
such  city  or  village,  then  it  shall  be  published  in  some  paper  of 
general  circulation  in  this  state  nearest  to  such  city  or  village;  such 
notice  shall  contain  an  accurate  description  of  such  property,  the 
purpose  for  which  it  is  used,  and  at  what  meeting  the  bids  will  be 
considered  and  opened,  and  shall  advertise  for  sixty  days  for  bids 
therefor;  all  such  bids  shall  be  opened  only  at  a regular  meeting  of 
such  city  council  or  board  of  trustees,  and  shall  be  accepted  only 
upon  a vote  of  three-fourths  of  the  members  of  such  city  council  or 
board  of  trustees : Provided,  however,  That  the  city  council  or  board 
of  trustees  may,  by  a majority  vote,  reject  any  and  all  bids. 

By  whom  and  when  conveyance  to  be  made.  § 3.  Upon 
any  bid  having  been  accepted,  and  the  purchase  price  duly  paid  or 
secured,  the  mayor  and  city  clerk,  or  the  president  of  the  board  of 
trustees  and  the  clerk  of  such  board,  shall  have  the  power  to  convey 
such  real  or  personal  estate  and  transfer  the  same  to  such  party  or 
parties  whose  bids  have  been  accepted,  by  proper  deed  or  deeds  of 
conveyance,  stating  therein  the  price  therefor,  with  the  seal  of  the 
corporation. 

PLEASURE  DRIVEWAYS  IN  INCORPORATED  CITIES,  VILLAGES 
AND  TOWNS. 

AN  ACT  to  provide  for  pleasure  driveways  in  incorporated  cities,  villages 
and  towns.  Approved  and  in  force  March  27, 1889. 

Pleasure  driveways — how  established.  §1.  Be  it  enacted 
hy  the  People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  the  city  council  in  cities,  the  president  and  the  board  of  trustees 
in  villages,  or  the  board  of  trustees  in  incorporated  towns,  whether 
incorporated  under  the  general  law  or  special  charter,  shall  have  the 
power  to  designate  by  ordinance  the  whole  or  any  part  of  not  to 
exceed  two  streets,  roads,  avenues,  boulevards  or  highways,  under 
their  jurisdiction,  as  a public  driveway,  to  be  used  for  pleasure 
driving  only,  and  to  improve  and  maintain  the  same,  and  also  to  lay 
out,  establish,  open,  alter,  widen,  extend,  grade,  pave  or  otherwise 
improve  and  maintain  not  more  than  two  roads,  streets  or  avenues, 
and  designate  the  same  as  pleasure  driveways,  to  be  used  for  pleasure 
driving  only  : Provided,  said  powers  shall  only  be  exercised  when 


Cities  and  Villages. 


89 


said  corporate  authorities  are  petitioned  thereto  by  the  owners  of 
more  than  two-thirds  of  the  frontage  of  land  fronting  upon  said 
proposed  pleasure  driveway. 

May  be  laid  out  under  article  9.  § 2.  Said  pleasure 

driveways  may, be  laid  out,  extended  and  improved  under  the 
provisions  of  article  9 of  an  act  to  provide  for  the  incorporation  of 
cities  and  villages,  approved  April  10,  1872,  in  force  July  1,  1872, 
and  any  and  all  amendments  thereto. 

Power  of  corporate  authorities  to  regulate,  etc.  § 3. 
Said  corporate  authorities  may,  by  ordinance,  regulate,  restrain  and 
■control  the  speed  of  travel  upon  said  pleasure  drives,  and  prescribe 
the  kind  of  vehicles  that  shall  be  allowed  upon  the  same,  and  in  all 
things  may  regulate,  restrain  and  control  the  use  of  said  pleasure 
driveways  by  the  public  or  individuals,  and  may  exclude  therefrom 
funeral  processions,  hearses  and  traffic  teams  and  vehicles,  so  as  to 
free  the  same  from  any  or  all  business  traffic  or  objectionable  travel, 
and  make  the  same  a pleasure  driveway  for  pleasure  driving  only, 
and  may  prescribe  in  such  ordinances, such  lines  or  penalties  for  the 
violation  thereof  as  they  are  allowed  by  law  to  prescribe  for  the 
violation  of  other  ordinances. 

Emergency.  § 4.  Whereas,  certain  municipalities  are  about 
establishing  such  pleasure  driveways  or  boulevards,  and  doubts  exist 
as  to  their  powers  so  to  do ; therefore  an  emergency  exists  for  the 
passage  of  this  act,  and  the  same  shall  take  effect  and  be  in  force  from 
and  after  its  passage.. 

STEAM  BOILER  EXPLOSIONS. 

AN  ACT  to  insure  the  better  protection  of  life  and  property  from  steam 
boiler  explosions.  Approved  June  3,  1889.  In  force  July  1,  1889. 

Persons  in  charge  of  steam  boilers — license — penalty. 
§ 1 .Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  the  city  council  in  cities,  and  the  presi- 
dent and  board  of  trustees  in  towns  and  villages,  shall  have  power 
to  adopt  ordinances  within  their  respective  limits  to  provide  for  the 
examination,  licensing  and  regulation  of  persons0  having  charge  of 
steam  boilers  under  steam  pressure,  exhausting  through  an  engine, 
to  fix  the  amount,  terms  and  manner  of  issuing  and  revoking 
licenses  to  such  persons ; to  provide  that  it  shall  not  be  lawful  for 
any  person  to  exercise,  within  the  limits  of  the  respective  cities,  towns 
and  villages  which  may  adopt  such  ordinances,  the  business  of  oper- 


90 


Cities  and  Villages. 


ating  steam  boilers,  under  steam  pressure,  exhausting  through  an 
engine,  without  a license;  ai^d  to  provide  that  any  person  violating 
the  provisions  of  such  ordinances  shall  be  liable  to  a penalty  for  each 
breach  thereof. 

Board  to  examine — license,  etc.  § 2.  To  require  that  all 
persons  engaged  in  such  occupation  within  the  jurisdiction  of  such 
towns,  cities  and  villages  so  adopting  such  ordinances,  shall  submit 
to  an  examination  by  a competent  board  of  examiners,  to  be  appointed 
by  such  councils  and  boards  of  trustees,  touching  their  competency 
and  qualifications  in  regard  to  such  vocations,  with  power  to  such 
board  of  examiners  to  license  such  persons  as  may  be  found  capable 
and  trustworthy  in  that  behalf. 


TO  PREVENT  ANIMALS  RUNNING  AT  LARGE  IN  CITIES,  ETC. 

AN  ACT  to  prevent  animals  from  running  at  large  within  the  corporate 
limits  of  incorporated  cities,  villages  and  towns.  Approved  June  i6, 
1891.  In  force  July  1,  1891. 

Not  allowed  to  run  at  large  within  corporate  limits, 
etc.  § 1 . Be  it  enacted  by  the  People  of  the  State  of  Illinois , repre- 
sented in  the  General  Assembly,  That  domestic  animals  of  the  species 
of  horse,  mule,  ass,  cattle,  sheep,  goat -or  swine,  shall  not  be  allowed 
to  run  at  large  within  the  corporate  limits  of  any  incorporated  city, 
village  or  town  in  this  state,  any  law  or  ordinance  to  the  contrary 
notwithstanding. 

Penalty.  § 2.  Any  owner  of  any  such  domestic  animal,  who 
shall  suffer  or  allow  the  same  *to  run  at  large  in  any  incorporated 
city,  village  or  town  within  this  state,  shall  be  fined  in  any  sum  of 
not  less  than  one  dollar,  nor  more  than  ten  dollars  for  each  and 
every  animal  so  suffered  or  allowed  to  run  at  large,  which  fine  may 
be  recovered  before  any  justice  of  the  peace  of  the  county. 

Restraint  of  animal — damage.  § 3.  Whenever  any  such 
domestic  animal  shall  be  found  running  at  large  contrary  to  the 
provisions  of  this  act,  the  same  may  be  restrained  by  any  resident 
of  the  incorporate^  city,  village  or  town  in  which  the  same  is  found 
running  at  large  until  the  fine  and  costs  are  paid,  and  also  all  damage 
done  by  any  such  domestic  animal  so  running  at  large,  to  the  prop- 
erty of  the  person  restraining. 

Note:  Only  such  parts  of  the  statutes  are  included  in  this  revision  as 
are  appplicable  to  the  City  of  Danville  at  the  present  time. 


ORDINANCES 

OF  THE 


City  of  Danville. 


' * 


An  Ordinance 


FOR  REVISING  AND  CONSOLIDATING  THE  GENERAL  ORDINANCES  OF 
THE  CITY  OF  DANVILLE. 


Whereas,  It  is  expedient  that  the  general  ordinances  of  this  city 
should  be  consolidated  and  arranged  in  appropriate  chapters  and 
sections,  and  that  an  index  to  the  whole  should  be  made ; therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville  in 
manner  following — that  is  to  say : 

CHAPTER  I. 

ADDITIONS,  MAPS  AND  PLATS. 

Section. 

1.  Additions  to  correspond  with  streets. 

2.  Plats  must  be  submitted  to  council. 

3.  Penalty  for  recording  plat  before  approval,  etc. 

4.  Penalty  for  selling  lots,  etc. 

5.  Certificate  of  approval. 

Additions  must  correspond  with  established  streets. 
§ 1.  Any  addition  which  may  hereafter  be  made  to  the  city  of  Dan- 
ville, or  any  lands  adjoining  or  within  the  same,  which  may  be  laid 
out  into  lots  or  blocks,  shall  be  so  laid  out,  surveyed  and  platted, 
that  tlie  blocks  or  other  subdivisions  thereof  shall  conform  to  the 
regular  blocks  of  the  original  town  plat,  or  with  the  regular  blocks  of 
the  additions  adjoining  such  lands  or  additions  so  proposed  to  be  laid 
out,  and  the  streets  and  alleys  shall  correspond  with,  and  conform  to 
the'  previously  established  streets  and  alleys  with  which  they  may 
connect,  and  continue  the  same. 

Plats  must  be  submitted  to  city  council.  § 2.  Any  person 
who  shall  survey  or  plat  any  addition  to  the  city  of  Danville,  or  any 


94 


Ordinances  of  the 


lands  adjoining  or  within  the  same,  into  lots,  blocks,  or  other  subdi- 
visions, or  shall  re-subdivide  any  block,  lot,  sub-lot,  out-lot,  or  part 
thereof,  within  said  city,  shall  submit  the  map,  plat  or  subdivision 
thereof  to  the  city  council  for  its  approval ; and  no  such  map,  plat  or 
subdivision  shall  be  valid,  or  be  admitted  to  record  in  the  office  of  the 
recorder  of  deeds  in  and  for  Vermilion  county,  until  the  same  has 
been  so  submitted,  and  approved  by  the  city  council. 

Penalty  for  recording.  § 3.  Any  person  who  shall,  as  owner 
of  the  land  so  surveyed  or  platted,  or  as  the  agent  of  any  such  owner, 
cause  to  be  recorded  in  the  recorder’s  office  of  Vermilion  county,  any 
such  map,  plat  or  subdivision  mentioned  in  section  2,  without  having 
the  same  submitted  to  and  approved  by  the  said  city  council,  before 
filing  the  same  in  said  recorder’s  office  for  record,  shall  be  fined  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars. 

Penalty  for  selling  lots,  etc.  § 4.  Any  person  who,  as  owner 
of  the  land  so  surveyed  or  platted,  or  as  the  agent  of  any  such  owner, 
shall  sell,  or  offer  for  sale  any  lot,  block,  subdivision,  or  part  thereof, 
in  any  such  addition,  division  or  subdivision  of  lands  as  mentioned  in 
section  2 hereof,  before  the  map,  plat  or  subdivision  thereof  has  been 
approved  by  said  city  council,  shall  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Certificate  of  approval.  § 5.  If  the  city  council  approve  any 
map  or  plat  of  any  addition,  or  subdivision  submitted  to  it,  as  herein 
provided,  a certificate  of  such  approval  shall  be  endorsed  upon  said 
map  or  plat,  signed  by  the  mayor  and  attested  by  the' city  clerk. 


City  of  Danville. 


95 


CHAPTER  II. 

AMUSEMENTS. 

Section. 

1.  Classification  of  amusements. 

2.  License  for  required. 

3.  Licenses  and  fees. 

4.  Class  and  fee  decided  by  mayor. 

5.  License  subject  to  ordinances. 

6.  Entertainments  where  liqnors  are  sold. 

7.  Proprietors  of  H-ills  to  see  that  license  is  obtained. 

8.  Chairs,  etc.,  in  aisles  forbidden. 

9.  Persons  loitering  in  hallways  or  on  sidewalks  forbidden. 

10.  Minors  forbidden  at  shows  where  liquors  sold. 

11.  Indecent  plays. 

12.  Good  order  to  be  maintained. 

13.  Disorderly  conduct. 

14.  Processions  on  street  forbidden — When. 

15.  Shooting  galleries. 

16.  Rate  of  license. 

17.  Target  shooting  in  uninclosed  places  forbidden. 

18.  Shooting  firearms. 

19.  Lung-testers,  galvanic  batteries,  etc. 

Classification  of  Amusements.  § 1.  For  the  purpose  of 
providing  for  the  licensing  and  taxation  of  theatricals,  shows,  amuse- 
ments, and  all  public  exhibitions  ‘ for  gain,  the  same  are  hereby 
divided  into  three  classes,  which  shall  be  known  as  first,  second  and 
third  class,  viz  : 

First.  Entertainments  of  a regular  dramatic  or  operatic  character, 
and  negro  minstrels,  given  in  theaters  or  opera  houses,  shall  be  known 
as  entertainments  of  the  first  class. 

Second.  Concerts,  or  other  musical  entertainments,  public 
readings,  exhibitions  of  paintings  or  statuary,  panoramas,  performance 
of  feats  of  jugglery,  sleight-of-hand,  or  necromancy,  exhibitions  of 
natural  or  artificial  curiosities,  variety  shows,  and  other  entertainments 
of  every  kind  not  mentioned  in  this  section,  which  may  be  given  in 
theatres,  opera  houses  or  public  halls,  shall  be  known  as  entertainments 
of  the  second  class. 

Third.  Circuses,  menageries,  caravans,  hippodromes,  side-shows,, 
and  concerts,  minstrel  or  musical  entertainments  given  under  a canvas, 
exhibitions  of  monsters  or  freaks  of  nature,  and  all  exhibitions  that 
may  be  given  under  a canvas  not  herein  specifically  mentioned,  shall 
be  known  as  entertainments  of  the  third  class. 


96 


Ordinances  of  the 


License  required.  § 2.  No  person,  or  persons,  shall  give  any 
entertainment  mentioned  in  this  chapter  within  the  limits  of  the  city, 
for  gain,  without  a license  therefor  first  had  and  obtained  from  the 
mayor,  under  the  seal  of  the  city,  under  a penalty  of  not  less  than  ten 
dollars,  and  not  exceeding  two  hundred  dollars  for  each  and  every  such 
entertainment  given  in  violation  of  this  chapter  ; Provided , that  for 
concerts,  exhibitions,  musical  entertainments,  lectures  or  dramatic 
entertainments  given  by  or  for  some  home  association,  society  or 
church,  no  license  shall  be  required. 

Licenses  and  fees.  § 3.  Each  license  shall  express  on  its  face 
for  what  it  is  granted,  and  the  time  it  is  to  continue  ; and  the  following 
license  fees  shall  be  charged  for  each  license  granted,  and  shall  be 
paid  to  the  city  clerk,  viz  : 

First.  For  entertainments  of  the  first  class,  not  less  than  five 
dollars  for  every  performance  or  exhibition. 

Second.  For  entertainments  of  the  second  class,  not  less  than 
three  dollars  for  each  performance  or  exhibition. 

Third.  For  entertainments  of  the  third  class,  the  following  sums, 
viz  : For  each  circus  or  menagerie,  or  circus  and  menagerie  combined, 
and  each  hippodrome,  the  sum  of  fifty  dollars  per  day  for  each  day ; 
for  each  side-show  with  any  menagerie,  circus  or  hippodrome,  twenty 
dollars  for  each  and  every  day  ; for  each  concert,  musical  or  minstrel 
entertainment,  given  under  a canvas,  the  sum  of  ten  dollars  ; for  any 
other  entertainment  of  the  third  class,  a sum  of  not  less  than  ten 
dollars  is  to  be  charged. 

Class  and  fee  decided  by  the  mayor.  § 4.  The  mayor  shall 
determine,  in  every  case,  where  application  is  made  for  a license  under 
this  chapter,  the  class  to  which  the  entertainment  belongs,  and  the 
amount  of  the  license  fee  to  be  paid,  where  it  is  not  specifically  fixed 
by  this  chapter  ; and  the  person  to  whom  the  license  is  granted  shall 
pay  the  license  fee  to  the  city  clerk,  who  shall  issue  the  license, 
which  license  shall  be  signed  by  the  mayor. 

License  subject  to  all  ordinances.  § 5.  Every  license  granted 
under  the  provisions  hereof  shall  be  subject  to  the  ordinances  of  the 
city  existing  when  the  same  shall  be  issued,  or  which  shall  thereafter 
be  passed,  so  far  as  the  same  shall  apply. 

Entertainments  where  liquor  is  sold.  § 6.  No  person  shall 
be  allowed  to  give  any  concert,  musical  entertainment,  dramatic  or 


City  of  Danville. 


97 


variety  show,  or  entertainment  of  any  kind,  in  any  licensed  saloon  or 
place  where  intoxicating  liquors  are  sold,  or  in  any  place  the  entrance 
to  which  shall  be  through  a saloon,  without  a special  permit  from  the 
city  council ; any  person  violating  this  section  shall  be  fined  not  less 
than  ten  dollars,  nor  more  than  two  hundred  dollars  for  each  violation. 

Owners,  lessees  or  agents  to  see  license  is  obtained. 
§7.  It  shall  be  the  duty  of  every  proprietor,  lessee,  or  the  agent  of 
either  in  charge  of  any  theatre,  hall  or  other  building  where  public 
entertainments  are  given,  before  he  permits  any  person  or  persons  to 
use  the  same  for  giving  any  entertainment  therein  for  gain,  to  see 
that  a license  therefor  is  obtained  as  herein  required,  or  to  obtain  the 
same  himself,  either  in  his  own  name  or  in  the  name  of  the  person  or 
persons  proposing  to  give  such  entertainment,  under  a penalty  of  not 
less  than  five  dollars,  nor  more  than  fifty  dollars  for  each  offense. 

Chairs,  etc.,  in  aisles.  § 8.  No  chairs,  stools  or  seats  of  any 
description  shall  be  placed  or  permitted  to  remain  in  the  aisles  or 
passage-ways  in  any  theater,  hall  or  other  public  building,  when  the 
same  is  occupied  by  the  public,  under  a penalty  of  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars  for  each  and  every 
violation  of  this  section.  It  shall  be  the  duty  of  the  city  marshal 
and  all  members  of  the  police  force  to  see  that  this  section  is  strictly 
observed ; and  in  case  of  any  violation  thereof,  to  forthwith  proceed 
to  clear  any  obstructed  aisle  or  passage-way,  and  to  arrest  the 
offender  or  offenders. 

Persons  in  hallways.  § 9.  It  shall  not  be  lawful  for  boys, 
or  other  persons,  to  loiter’  or  stand  iu  any  lobby,  hallway  or  outer 
entrance  to  any  theatre,  hall  or  other  public  building,  or  on  the 
sidewalk  adjacent  to  and  within  fifty  feet  of  such  entrance,  after  a 
request  to  move  on,  made  by  the  owner,  lessee  or  manager  of  the 
entertainment,  or  any  police  officer,  under  a penalty  of  not  less  than 
one  dollar,  nor  more  than  twenty-fivg  dollars  for  each  offense. 

Minors  at  variety  shows  where  liquors  are  sold  for- 
bidden. § 10.  Whoever  shall,  by  himself,  his  agent  or  clerk,  admit 
any  minor  to  any  theatre,  hall,  room  or  other  place  where  any' 
concert,  variety  show,  or  any  entertainment  of  any  kind  is  .given, 
and  where  wine,  beer,  or  any  intoxicating  liquors  are  sold  or  dis- 
tributed* or  shall  permit  such  minor  to  remain  or  be  in  any  such 
theatre,  hall  or  room,  or  other  place,  shall  be  fined  not  less  than 
twenty  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Indecent  play.  § 11.  No  license  shall  be  granted  foi»,  or  if 
granted  the  same  shall  not  be  held  to  authorize,  the  enacting  or  per- 


98 


Ordinances  of  the 


formance  of  any  indecent  or  lewd  play  or  exhibition  of  any  kind  ; 
and  any  person  giving,  exhibiting  or  taking  part  in  any  such  play  or 
exhibition  shall  be  fined  not  less  than  five  dollars,  nor  more  than  two 
hundred  dollars. 

Good  order  shade  be  maintained.  § 12.  Any  person  giving 
or  conducting  any  exhibition,  show  or  amusement  shall  preserve  good 
order  in  and  about  the  place  of  his  exhibition  or  amusement,  and 
if  necessary  for  that  purpose  shall  employ  at  his  own  expense  suffi- 
cient police  force ; and  neglect  or  failure  to  so  maintain  and  preserve 
such  good  order  shall  subject  such  person  to  a fine  of  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars,  and  his  license 
may  be  forfeited  in  the  discretion  of  the  mayor. 

Disorderly  conduct.  § 13.  Any  person  who  shall  conduct 
himself  in  a riotous  or  disorderly  manner  at  any  place  of  exhibition 
or  amusement  shall  be  subject  to  a penalty  of  nob  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars ; and  if  any  person 
belonging  to  or  connected  with  any  such  show  or  exhibition  shall 
conduct  himself  in  a riotous  or  disorderly  manner,  or  cause  any 
disturbance  or  breach  of  the  peace  at  the  place  of  exhibition,  the 
license  of  such  show  or  exhibition  may  be  revoked  or  forfeited  by 
the  mayor  in  his  discretion,  and  no  license  at  any  time  thereafter 
shall  be  granted  for  such  exhibition  unless  for  good  cause  shown  and 
with  the  consent  of  the  city  council. 

Processions  in  the  street.  § 14.  No  circus,  menagerie, 
caravan,  show,  band  or  procession  of  any  kind  tending  to  the 
collection  of  persons  on  the  streets  and  sidewalks,  to  the  obstruc- 
tion of  the  same,  shall,  without  the  written  consent  of  the  mayor, 
parade  or  travel  upon  or  through  the  streets  of  said  city,  for  the 
purpose  of  exhibition  or  for  the  purpose  of  attracting  the  attention 
thereto  of  passers-by  or  people  on  the  streets  and  sidewalks ; and 
no  person  shall,  except  where  the  mayor  has  given  his  written 
consent  as  aforesaid,  beat  any  drum  or  other  instrument,  or  blow 
any  horn  or  other  instrument  in  any  of  said  streets  for  the  purpose 
of  attracting  public  attention  to  any  circus,  menagerie,  show  or 
procession.  Any  person  violating  this  section  or  any  part  thereof, 
either  as  owner,  manager,  or  employee  of  any  such  circus,  menagerie, 
show,  band  or  procession  of  any  kind,  shall  be  fined  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars  for  each  offense:  Pro- 
vided, that  this  section  shall  not  apply  to  any  band  of  music  or 
musical  society  engaged  in  serenading,  or  any  civic  or  military  society 
or  other  parade  made  by  citizens  of  said  city. 


City  of  Danville. 


99 


Shooting  galleries.  § 15.  No  person  shall  manage,  keep  or 
run  any  shooting  gallery  or  place  for  target  shooting  without  first 
obtaining  a license  therefor,  under  a penalty  of  twenty  dollars  for 
each  offense. 

Rate  op  license.  § 16.  The  rate  of  license  for  shooting 
galleries  and  places  for  target  shooting  shall  be  for  one  year  ten 
dollars,  or  two  dollars  and  fifty  cents  per  quarter. 

Target  shooting  in  uninclosed  places.  § 17.  No  person 
shall  keep,  maintain  or  use  any  shooting  gallery  or  place  for  target 
practice  in  any  alley,  street,  or  in  any  open  or  uninclosed  place  in 
said  city,  nor  shall  any  person  set  up  any  target  in  any  such  open 
or  uuinclosed  place,  or  shoot  at  the  same  under  a penalty  of  not  less 
than  ten  dollars  for  each  offense. 

Shooting  of  firearms.  § 18.  No  license  issued  for  maintaining 
a shooting  gallery  shall  be  construed  so  as  to  authorize  or  permit 
the  firing  of  any  gun  or  other  firearm  contrary  to  any  ordinance  of 
said  city. 

Lung-testers — galvanic  batteries,  etc.  §19.  No  person 
shall  exhibit,  use  or  permit  others  to  use,  for  profit  or  gain,  any 
lung-tester,  lifting  apparatus,  galvanic  battery,  striking  machine, 
swing  or  other  machine,  instrument  or  device,  without  first  obtaining 
a license  therefor,  under  a penalty  of  five  dollars  for  each  offense. 
The  license  for  any  such  apparatus  shall  be  at  the  rate  of  one  dollar 
per  day. 


100 


Ordinances  of  the 


CHAPTER  III. 


ANIMALS  AND  POUNDS. 

Section. 

1.  Animals  prohibited  at  large. 

2.  Penalty  for  stock  being  at  large. 

3.  Pound  and  poundkeeper. 

4.  Poundkeeper  to  take  up  same. 

5.  Duty  of  policemen. 

6.  Citizens  may  take  up  animals. 

7.  Redemption  of  animals  from  pound. 

8.  Proceedings  where  owner  is  known. 

9.  Proceedings  where  owner  is  unknown. 

10.  Trial  after  notice — judgment. 

11.  Proceedings  against  non-resident  owner. 

12.  Order  of  sale. 

13.  Poundkeeper’s  notice  of  sale — sale. 

14.  Poundkeeper’s  book — proceeds  of  sale. 

15.  Surplus  paid  to  owner. 

16.  Breaking  pound- -Hindering  the  impounding  of  animals. 

17.  Wrongful  taking  up  of  animals. 

18.  Report  of  poundkeeper. 

19.  Additional  pounds  and  poundkeepers. 

20.  Fees  of  marshal  and  policemen. 

21.  Geese. 

22.  Fees  of  poundkeeper  and  magistrate. 

23.  Driving  animals  through  the  streets. 


Animals  prohibited  from  running  at  large.  § 1.  No 
animals  of  the  species  of  cattle,  horse,  mule,  ass,  swine,  sheep,  goat,, 
nor  any  goose  shall  be  permitted  to  run  or  be  at  large  within  the 
corporate  limits  of  the  city  of  Danville. 

Penalty  for  stock  running  at  large.  § 2.  Whoever  being 
the  owner  or  possessor  of  any  such  animal  or  goose  shall  suffer  or 
permit  the  same  to  run  or  be  at  large  shall  forfeit  and  pay  the 
following  named  penalties  for  each  offense,  together  with  the  costs 
of  taking  up  and  i mpounding,  and  all  expense  of  sustenance  for  such 
animal  when  impounded,  as  hereinafter  provided,  viz : For  each 
animal  of  the  species  of  cattle,  horse,  mule  or  ass,  the  sum  of  two 
dollars ; for  each  swine,  sheep  or  goat,  the  sum  of  fifty  cents ; for 
each  suckling  pig  and  for  each  goose,  the  sum  of  ten  cents. 

Pound  and  poundkeeper.  § 3.  The  city  council  shall  provide 
a suitable  pound  or  pounds,  which  shall  be  under  the  care  and 
control  of  the  poundkeeper  of  said  city.  The  mayor  may,  by  and 
with  the  consent  of  the  city  council,  appoint  a suitable  person 
poundkeeper,  who  shall,  before  entering  upon  the  duties  of  his  office,. 


City  of  Danville. 


101 


execute  a bond,  with  security  to  be  approved  by  the  city  council,  in 
the  peual  sum  of  one  thousand  dollars,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  and  for  the  payment  of  all 
moneys  received  by  him  according  to  law  and  the  ordinances  of  said 
city.  Or,  the  city  council,  in  the  absence  of  any  appointment  of  a 
poundkeeper  by  the  mayor  as  aforesaid,  may,  by  resolution,  direct 
that  the  city  marshal  or  any  police  officer  shall  act  as  poundkeeper, 
in  which  case  he  shall  be  the  poundkeeper  of  said  city,  and  shall 
have  all  the  powers  and  emoluments,  and  shall  perform  all  the  duties 
belonging  to  said  office,  as  herein  provided.  The  said  marshal  or 
police  officer  shall  also  give  a bond  as  poundkeeper  in  like  sum,  with 
the  same  conditions,  as  herein  provided. 

Poundkeeper  to  take  up  animals — feed  for  same.  § 4. 
It  shall  be  the  duty  of  the  poundkeeper  to  take  up  and  impound  all 
animals  found  running  at  large  in  violation  of  the  ordinances  of  said 
city;  and  also  to  receive  and  impound  any  such  animals  when  law- 
fully taken  up  by  any  other  person.  During  the  stay  of  any  animal 
in  the  pound,  he  shall  feed  and  water  the  same. 

Duty  of  policemen.  § 5.  Every  police  officer  of  said  city  shall 
forthwith  take  up  and  impound  any  animal  known  by  him  or  cred- 
itably reported  to  him  to  be  unlawfully  at  large  within  the  city,  and 
to  cause  suit  to  be  instituted  against  the  owner  or  possessor  of  such 
animal  for  violation  of  this  ordinance  in  so  permitting  such  animal 
to  be  at  large.  Any  officer  neglecting  or  refusing  so  to  do  shall  I3e 
fined  not  less  than  five  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 

Citizens  may  take  up  animals.  § 6.  It  shall  be  lawful  for 
any  citizen  of  the  said  city  to  take  up  any  animal  unlawfully  at  large, 
and  either  drive  the  same  to  the  pound  or  confine  the  animal  in 
some  safe  and  convenient  place,  and  immediately  notify  the  pound- 
keeper,  or  some  police  officer  of  the  city,  and  the  officer  so  notified 
shall,  forthwith  take  charge  of  such  animal  and  impound  the  same. 

Redemption  of  animals.  § 7.  At  any  time  before  the  sale  of 
any  impounded  animal,  the  owner  or  person  entitled  to  the  possession 
thereof  may  redeem  the  same  by  paying  to  the  poundkeeper  the 
sums  following : In  all  cases  where  no  judicial  proceedings  has  been 
commenced,  as  herein  provided,  the  fees  for  taking  up  and  impound- 
ing, and  the  cost  for  feeding  and  sustenance  up  to  date  of  redemption, 
shall  be  the  redemption  money;  in  any  case  where  a judicial  pro- 
ceeding has  been  commenced,  but  no  judgment  rendered,  then  the 
redemption  money  shall  be  the  said  fee  for  taking  up  and  impound- 
ing, costs  of  sustenance  and  feed,  and  the  costs  accrued  in  such 


102 


Oedinanc.es  of  the 


judicial  proceeding  ; where  such  judicial  ‘proceeding  has  been  com- 
menced and  judgment  rendered,  theu  such  judgment,  the  costs  of 
such  proceeding,  together  with  subsequently  accrued  costs,  and 
charges  for  sustenance,  shall  be  the  redemption  money  to  be  paid. 

Proceeding  when  animal  is  not  redeemed — owner  is 
known.  § 8.  When  any  impounded  animal  is  not  redeemed  within 
twenty-four  hours  after  the  same  is  impounded,  the  poundkeeper 
shall  forthwith  make  complaint  before  a police  magistrate  or  some 
justice  of  the  peace  against  the  owner  or  possessor  of  such  animal, 
if  known,  and  thereupon  a summons  shall  be  issued,  as  in  other 
cases  for  the  violation  of  the  ordinances  of  said  city,  and  upon  the 
return  of  such  summons,  or  the  defendant  having  appeared,  it  shall 
be  the  duty  of  the  magistrate  to  inquire  whether  the  defendant  has 
been  guilty  of  permitting  such  animal  to  be  at  large  contrary  to  the 
provisions  of  this  chapter ; and  if  the  defendant  be  found  guilty, 
judgment  shall  be  rendered  against  him  for  the  penalty,  impounding 
fee  and  costs  of  sustenance  herein  prescribed,  and  the  costs  of  suit, 
and  an  order  shall  be  entered  that  the  animal  shall  be  sold  to  satisfy 
said  judgment,  in  case  the  same  shall  not  be  paid  forthwith.  Such 
order  shall  describe  the  animal,  and  state  the  time  and  place  of 
impounding  the  same. 

Proceeding  where  owner  is  unknown.  § 9.  When  the 
owner  of  any  animal  impounded  is  unknown,  the  poundkeeper  shall 
make  complaint  as  provided  in  the  last  section,  against  the  unknown 
owner  of  such  animal,  describing  the  same,  and  thereupon  the 
magistrate  before  whom  such  complaint  shall  be  made  shall  docket 
the  case  in  the  name  of  the  city  versus  the  unknown  owner  of  such 
animal,  describing  it  with  reasonable  certainty,  and  shall  issue  a 
notice  in  substance  as  follows,  viz: 


POUND  NOTICE. 

Whereas,  complaint  has  this  day  been  made  before  me,  that  the 
unknown  owner  of  the  following  described  animal,  to-wit : (here  describe 

animal  particularly),  impounded  at on  the 

day  of. A.  D.  18 has  permitted 

the  same  to  run  at  large  contrary  to  the  ordinances  of  the  city  of  Danville  ; 

Now,  therefore,  notice  is  hereby  given  to  the  owner  of  such  animal... 
and  all  persons  interested  in  the  same,  that  a trial  will  be  had  upon  the  said 

complaint  at  my  office,  in  the  city  of  Danville,  on  the day  of 

A.  D.  18 at  the  hour  of m., 

when  and  where  the  owner  or  other  person  interested  may  appear  and 
defend,  if  he  sees  fit  so  to  do. 

Witness  my  hand  and  seal  this day  of A.  D.  18 

[l.  s.]  ' P.  M.  (or  J.  P.) 


City  of  Danville. 


103 


The. day  named  in  said  notice  for  trial  shall  not  be  less  than  five 
days,  nor  more  than  ten  days  from  the  time  of  issuing  the  same ; 
and  it  shall  be  the  duty  of  the  poundkeeper,  city  marshal  or  any 
policeman,  forthwith  to  post  three  copies  of  said  notice  in  three 
public  places  in  said  city.  The  officer  posting  said  notices  shall 
return  a copy  thereof  to  the  office  of  the  magistrate  issuing  the 
same,  with  his  return,  showing  the  time  and  places  of  such  posting, 
indorsed  thereon. 

Trial  after  notice — judgment.  § 10.  When  the  notice  has 
been  given  as  required  by  the  last  section,  then  upon  the  day  and 
hour  named  in  such  notice,  if  the  said  animal  has  not  been  redeemed, 
the  justice  or  magistrate  issuing  such  notice  shall  proceed  to  hear  the 
case,  as  in  the  case  of  personal  service  of  summons;  and  if  he  finds 
that  such  animal  has  been  lawfully  and  justly  impounded,  he  shall 
render  judgment  accordingly,  and  shall  also  render  judgment  for 
the  amount  of  fees,  costs,  expenses  and  charges  incurred  in  the 
taking  up,  impounding,  feeding  and  sustenance  of  such  animal, 
including  the  costs  of  said  suit,  and  he  shall  enter  upon  his  docket 
an  order  for  the  sale  of  such  animal  to  satisfy  said  judgment. 

Proceedings  against  non-resident  owners.  § 11.  If  the 
name  of  the  owner  or  possessor  of  any  impounded  animal  is  known, 
but  he  resides  or  his  agent  has  gone  outof  the  city,  so  thatsummons 
cannot  be  served  upon  him  as  provided  by  section  8 hereof,  then 
• like  proceedings  shall  be  had  and  like  judgment  rendered,  as  in  the 
case  of  unknown  owners,  as  provided  in  sections  9 and  10  hereof, 
except  that  the  notices  provided  for  in  section  9 shall  be  addressed 
to  such  owner  or  possessor  by  name,  and  an  additional  copy  of  said 
notice  shall  be  issued  and  sent  by  mail,  addressed  to  such  owner  or 
possessor,  at  his  postoffice  address.  If  his  postoffice  address  is  not 
known,  and  upon  diligent  inquiry  cannot  be  ascertained,  then  such 
fact  shall  appear  in  the  return  of  the  officer  executing  said  notices, 
upon  the  copy  of  said  notice  by  him  filed  in  the  office  of  the  magis- 
trate. 

Order  of  sale.  § 12.  Upon  the  rendition  of  any  judgment 
as  prescribed  in  sections  8,  10  and  11  of  this  chapter,  the  magistrate 
rendering  the  same  shall  issue  to  the  poundkeeper  an  order  of  sale, 
which  shall  be  substantially  in  the  following  form  : 

The  People  of  the  State  of  Illinois  to Poundkeeper  : 

We  command  you,  that  of  the  following  described  goods  and  chattels, 
to-wit:  (here  describe  animal,)  the  property  of  (here  insert  the  name  of  the 
owners  if  known,  if  not,  then  say  : “ some  person  unknown,”)  you  make  the 
sum  of dollars  and cents  debt, 


104 


Ordinances  of  the 


and dollars  and cents  costs, 

which  the  city  of  Danville  lately  recovered  before  me,  against  the  said 

and  hereof  make  due  return  in  what  manner 

you  execute  the  same. 

Given  under  my  hand  and  seal  this day  of A.  D.  18 

[l.  s.]  P.  M.  (or  J.  P.)' 

Which  order  shall  be  returned  by  such  poundkeeper,  within  thirty 
days  from  its  date,  to  the  office  issuing  the  same,  with  his  return 
indorsed  thereon,  showing  when  and  how  the  same  was  executed. 

Poundkeeper’s  notice  of  sale.  § 13.  Upon  the  receipt  of 
such  order,  the  poundkeeper  shall  immediately  post  three  notices,  in 
three  several  public  places  in  said  city,  which  notices  may  be  in 
substance  as  follows: 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  city  of  Danville,  at 

(here  state  place  of  pound,)  the  following'described  animal: 

which,  unless  redeemed,  will  be  sold  at  public  auction  for  cash  to  the  highest 

bidder,  at  at  the  hour  of. o’clock m.,  on  the day 

of.. •: A.  D.  18 

Poundkeeper. 

The  day  of  sale  mentioned  in  said  notices  shall  not  be  less  than 
three,  nor  more  than  five  days  after  posting  the  same,  exclusive  of 
Sundays,  holidays  and  election  days  ; and  if  the  said  animal  is  not 
redeemed,  the  poundkeeper  shall  sell  the  same  in  accordance  with 
said  notice. 

Poundkeeper’s  book — proceeds  of  sale.  § 14.  The  pound- 
keeper  shall  keep  a book,  to  be  provided  by  the  city,  which  shall  be 
open  to  the  inspection  of  the  public,  in  which  he  shall  record  a 
description  of  all  animals  impounded,  with  the  date  of  impounding 
each,  the  owner’s  name  if  known,  the  name  of  the  person  or  officer 
by  whom  the  animal  was  taken  up,  also  what  disposition  was  made 
of  such  animal,  when  and  by  whom  redeemed,  or,  in  case  of  sale,  the 
date  of  sale,  the  name  of  the  purchaser  and  the  amount  received  there- 
for ; and  said  poundkeeper  shall,  within  ten  days  after  every  sale  of 
animals,  as  herein  provided,  pay  into  the  city  treasury  all  moneys 
receiyed  by  him  in  excess  of  the  fees,  costs  and  charges  accruing  to 
him,  and  the  costs  accruing  in  the  judicial  proceedings,  which  last 
named  costs  he  shall  pay  over  to  the  magistrate  issuing  the  order 
of  sale. 

Surplus  proceeds  paid  to  owner.  § 15.  If  any  surplus 
proceeds  of  any  sale  shall  have  been  paid  into  the  city  treasury,  the 


City  of  Danville. 


105 


owner  of  the  animal  so  sold  shall  be  entitled  to  receive  such  surplus, 
less  all  costs  and  charges  which  may  have  accrued  to  the  officers  of 
the  city,  upon  presenting  to  the  city  council,  or  the  proper  committee 
thereof, satisfactory  proof  of  his  ownership,  together  with  a certificate 
of  the  pound  keeper  of  the  amount  of  such  surplus. 

Breaking  pound — hindering  impounding  of  animals — 
penalty.  § 16.  Whoever  shall  break  open,  or  in  any  manner, 
directly  or  indirectly,  aid  or  assist  in,  or  counsel  or  advise  the  breaking 
open  of  any  city  pound,  or  shall  take  or  attempt  to  take  therefrom 
any  impounded  animal  without  the  poundkeeper’s  consent,  or  who- 
ever shall  hinder,  delay,  or  obstruct  the  taking  of  any  animal  found 
unlawfully  at  large  to  the  pound,  or  shall  attempt  to  prevent  the 
impounding  thereof,  in  tuiy  manner,  shall,  in  either  case,  be  fined 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 

Wrongful  taking  of  animals — penalty.  § 17.  Any 
person  who  shall  take  or  drive  any  animal  from  any  inclosed  lot  or 
tract  of  ground,  or  from  any  stable  or  other  building,  or  from  outside 
of  the  city  limits,  to  any  pound  in  said  city,  or  with  intent  that  such 
animal  may  be  impounded,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  twenty  dollars  for  every  animal  so  taken  or  driven 
as  aforesaid. 

Report  of  poundkeeper.  § 18.  The  poundkeeper  shall,  at 
each  regular  meeting  of  the  city  council,  make  a full  and  complete 
report,  under  oath,  of  all  animals  impounded,  the  names  of  the 
owners  thereof,  the  disposition  made  of  such  animals,  and  all  the 
receipts  and  expenditures  of  and  for  his  pound,  and  shall  file  there- 
with the  receipt  of  the  treasurer  for  all  money  paid  into  the  city 
treasury. 

Additional  pounds  and  poundkeepers.  § 19.  The  mayor 
and  city  council,  at  any  time  when  they  may  think  the  interests  of 
the  city  may  require  it,  shall  establish  additional  pounds,  and  appoint 
additional  poundkeepers,  who,  when  so  appointed,  shall  be  subject 
to  all  the  provisions  of  this  chapter. 

Compensation  to  marsh al  or  policeman.  § 20.  When  the 
city  marshal  or  any  policeman  of  the  city  is,  by  order  of  the  city 
council,  directed  to’act  as  poundkeeper,  then  the  fees  and  charges 
allowed  the  poundkeeper  under  and  by  this  chapter,  shall  be  con- 
sidered as  compensation  as  poundkeeper,  and  shall  be  allowed 
in  addition  to  the  regular  salaries  allowed  him  as  city  marshal  or 
policeman,  respectively. 


106 


Or  I)  IN  AN  CES  OE  Til  E 


Geese.  § 21.  All  the  provisions  of  this  ordinance  wherein  geese 
are  not  specifically  mentioned  shall  be  construed  toapply  to  the  taking 
up  and  impounding  of  geese,  as  well  as  animals. 

Fees  of  poundkeeper  and  police  magistrate.  § 22.  There 
shall  be  allowed  the  poundkeeper  of  said  city  the  following  fees  for 
services  under  the  provisions  of  this  ordinance : 

For  taking  up  animals  and  putting  them  in  pound,  as  follows: 
For  each  hog  (except  sucking  pigs),  twenty-five  cents;  for  each 
sucking  pig,  goose,  goat  or  sheep,  ten  cents ; for  all  other  animals 
taken  up,  fifty  cents  each. 

For  providing  feed  and  sustenance  for  impounded  animals,  the 
following  fees  shall  be  allowed  for  each  day,  or  part  of  a day : For 
each  hog  (except  sucking  pigs), sheep  or  goat,  twentv-five  cents;  for 
each  sucking  pig  or  goose,  ten  cents  ; for  all  other  animals,  fifty  cents 
each. 

There  shall  also  be  allowed  and  charged  as  an  impounding  fee, 
for  receiving  and  taking  animals  into  the  pound,  the  following  fees: 
For  each  hog  ^except  sucking  pigs),  sheep  or  goat,  twenty-five  cents; 
for 'each  sucking  pig  or  goose,  ten  cents;  for  all  other  animals,  one 
dollar  each. 

For  posting  advertisements,  under  this  ordinance,  to  owners  of 
animals,  the  following  fees  shall  be  allowed:  For  each  hog,  goat  or 
goose,  ten  cents;  for  all  other  animals,  twenty-five  cents. 

For  selling  any  impounded  animals  under  any  order  of  sale  issued 
by  a court  of  competent  jurisdiction,  the  following  fees  shall  be 
allowed  : For  selling  hogs  (sucking  pigs  excepted),  sheep  or  goats, 
twenty- five  cents  each ; for  each  sucking  pig  or  goose,  ten  cents  ; for 
all  other  animals,  one  dollar  each. 

Police  magistrates  or  justices  of  the  peace  shall  be  allowed,  in  all 
cases  under  this  ordinance,  the  same  fees  for  docketing  suits  and 
issuing  process  of  all  kinds,  and  for  other  services,  as  are  now  pro- 
vided by  statute  in  civil  cases,  to  be  taxed  and  collected  as  is  now 
provided  by  ordinance  and  statute. 

Driving  loose  animals  through  the  streets.  § 23.  It 
shall  be  unlawful  for  any  person  to  drive  any  mules  or  horses 
through  the  streets  or  alleys  of  said  city,  unless  they  are  securely 
haltered  and  controlled  and  led  by  some  person  having  charge 
thereof.  Any  person  violating  this  section  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  twenty  dollars  for  each  offense. 


City  of  Danville. 


107 


CHAPITER  IV. 

AUCTIONS  AND  AUCTIONEERS. 


Section. 

1.  Sale  of  goods  at  auctions  to  be  by  auctioneers. 

2.  License  fee  and  bond. 

3.  License — how  obtained — not  transferable. 

4.  Clerks. 

5.  Revocation  of  license. 

6.  Selling  on  streets. 

7.  Substitution  of  articles — penalty. 

8.  Penalties  for  violation  of  chapter. 

Sale  of  goods  at  auction  to  be  made  bf  auctioneers.  § 1. 
All  sales  of  goods,  wares,  merchandise,  or  other  personal  property,  at 
public  auction,  within  the  city,  except  such  as  are  made  under  and 
by  virtue  of  legal  process,  judicial  orders  or  sales  under  chattel 
mortgages,  shall  only  be  made  by  a person,  or  his  authorized  clerk, 
who  shall  have  first  obtained  a license  for  such  purpose,  and 
executed  a bond  to  said  city,  as  herein  provided. 

License  fee  and  bond.  § 2.  A person  may  become  an 
auctioneer,  and  be  licensed  to  sell  personal  property  at  public 
auction,  at  a place  to  be  named  in  the  license,  upon  paying  to  the 
city  clerk  a license  fee  of  fifty  dollars  per  annum,  payable  quarterly, 
and  executing  a bond  to  the  city,  with  sureties  to  be  approved  by 
the  mayor,  in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  due  observance  of  the  ordinances  of  said  city,  for  the 
prompt  payment  to  the  city  of  all  moneys  belonging  to  the  same, 
and  for  the  prompt  payment  of  all  moneys  and  the  delivery  of  all 
goods  that  may  come  into  his  hands  in  his  business,  to  the  persons 
entitled  to  receive  the  same : Provided , that  licenses  may  be  issued 
under  the  provisions  of  this  chapter  for  three  months,  upon  the 
payment  of  the  sum  of  twenty  five  dollars;  but  no  such  license 
shall  issue  for  a longer  period  than  one  year,  nor  less  than  three 
months. 

License — how  obtained — not  transferable.  §3.  Any  person 
who  may  wish  to  obtain  a license  under  this  chapter,  shall  apply  in 
writing  for  the  same  to  the  mayor,  setting  forth  in  such  application 
his  proposed  place  of  business,  the  names  of  any  partner,  or  clerk, 
who  will  be  engaged  in  such  business,  the  length  of  time  for  which 
such  license  is  desired,  and  the  names  of  his  sureties.  If  the  mayor 
grants  such  license,  he  shall  make  an  indorsement  to  that  effect  upon 
such  application,  and  the  same  shall  thereupon  be  presented  to  the 


108 


Ordinances  of  the 


city  clerk.  In  no  case  shall  such  license  be  transferable,  nor  shall 
any  other  person,  partner  or  firm  do  business  under  the  same,  other 
than  the  person  therein  named,  nor  shall  the  place  of  business 
therein  named  be  changed,  without  the  consent  of  the  mayor 
indorsed  thereon. 

Clerks.  § 4.  The  said  license  shall  designate  who  are  permitted 
to  do  business  under  and  by  virtue  of  the  same,  either  as  principal, 
agent  or  clerk,  and  if  any  other  person  is  employed  as  agent  or 
clerk,  to  do  business  under  such  license,  the  consent  of  the  mayor 
shall  be  first  had  and  obtained,  and  indorsed  on  said  license. 

Revocation  of  license.  § 5.  All  licenses  shall  be  subject  to 
revocation  by  the  mayor,  or  the  city  council,  whenever  it  shall 
appear  to  his  or  their  satisfaction,  that  the  party  so  licensed,  his 
agent  or  clerk,  has  violated  any  of  the  provisions  of  any  ordinance 
relating  to  auctions  or  auctioneers,  or  any  of  the  conditions  of  the 
bond  aforesaid. 

Selling  on  streets.  § 6.  Any  auctioneer  having  a license,  as 
aforesaid,  or  his  clerk  may  sell  at  public  auction  within  any  of  the 
streets  or  alleys,  squares  or  commons  of  the  city,  any  horses,  mules, 
cattle,  or  any  wagon,  carriage  or  other  vehicle,  or  any  article  too 
cumbrous  to  be  removed  to  his  place  of  business,  by  obtaining 
written  permission  from  the  mayor;  but,  except  as  herein  provided, 
no  articles  shall  be  sold  at  public  vendue  by  such  persons,  on  the 
streets,  alleys,  public  squares  or  commons  as  aforesaid. 

Substitution  of  articles — penalty.  § 7.  Whoever  shall 
exhibit  and  offer  for  sale  at  auction  any  article,  and  induce  its 
purchase  by  any  bidder,  and  shall  afterwards  substitute  any  other 
article  in  lieu  to  that  offered  to,  and  purchased  by  the  bidder,  or 
whoever  shall,  while  engaged  in,  or  about  making  any  auction  sale, 
be  guilty  of  any  device,  trick  or  fraudulent  practice  with  intent 
thereby  to  deceive  or  defraud  any  bidder,  shall  be  fined  fifty 
dollars,  and  the  license  of  such  person  shall  be  deemed  forfeited. 

Penalties.  § 8.  Any  person  who  shall  sell  or  attempt  to  sell 
at  public  auction  any  personal  property  whatever,  except  under 
legal  process,  judicial  orders  or  under  chattel  mortgage,  without 
first  having  obtained  a license  therefor,  as  above  required,  shall,  on 
conviction  thereof,  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars  for  each  offense ; any  licensed  auctioneer  who 
shall  permit  any  other  person  than  such  partner,  agent  or  clerk, 
whose  names  are  designated  in  his  license,  to  sell  any  article  at 
auction  at  the  place  designated  in  such  license,  without  having 


City  of  Danville. 


109 


permission  from  the  mayor  for  such  person  to  sell,  indorsed  on  his 
license,  shall  be  fined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars ; and  such  person  so  selling  as  partner,  agent, 
clerk  or  otherwise,  without  such  permission  from  the  mayor,  shall 
also  be  fined  not  less  than  five  dollars,  nor  more  than  twenty-five 
dollars  for  each  offense.  Any  person  violating  any  provision  of 
this  chapter,  where  no  other  penalty  is  imposed,  shall  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 


CHAPTER  V. 

BILLIARDS,  TEN-PINS,  ETC. 

Section. 

1.  Penalty  for  billiard  tables,  ten-pin  alleys,  etc.,  without  license. 

2.  License  fees. 

3.  Billiard  rooms,  etc. — when  closed. 

4.  Minors  playing  or  loitering  where  liquor  sold  prohibited. 

5.  Minors  playing  or  loitering  where  liquor  not  sold. 

Billiard  table,  ten-pins,  etc.,  without  license — penalty. 
§ 1.  Whoever  shall  keep  within  the  city  of  Danville  any  billiard, 
pool,  bagatelle  or  pigeon-hole  table,  or  any  ball  or  ten-pin  alley,  to 
be  used  or  played  upon  by  others,  without  a license  therefor,  shall 
be  fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars  for  each  time  any  person  may  be  permitted  to  play  ther'eon 
or  therewith  : Provided , That  this  article  shall  not  apply  to  any  such 
article  above  named  kept  in  private  houses  for  private  use  or  in  club 
rooms  for  the  use  of  the  club  members. 

License  fees.  § 2.  There  shall  be  taxed  and  collected  for  a 
license  to  keep  a billiard  table  for  one  year,  ten  dollars  for  one 
table,  and  five  dollars  for  eacli  additional  table.  There  shall  be 
taxed  and  collected  for  a license  to  keep  a ten-pin  alley  or  ball  alley 
for  one  year,  ten  dollars  for  one  alley,  and  five  dollars  for  each 
additional  alley.  There  shall  be  taxed  and  collected  for  a license  to 
keep  a bagatelle  table  or  a pigeon-hole  table,  ten  dollars  each. 

Billiard  rooms,  etc. — when  closed — penalty.  § 3.  All 
% billiard  rooms  and  ten-pin  or  ball  alleys  shall  be  kept  closed  on 
Sunday,  and  on  week  days  they  shall  be  closed  by  ten  o’clock  in  the 
evening  of  each  day,  and  be  kept  closed  until  rive  o’clock  in  the 


110 


Ordinances  of  the 


morning  of  the  next  day  following.  Any  person  violating  this 
section  shall,  for  each  offense,  be  fined  not  less  than  ten  dollars,  nor 
more  than  fifty  dollars. 

4 

Minors  playing  or  loitering  where  liquors  are  sold — 
penalty.  § 4.  No  keeper  of  any  billiard,  bagatelle  or  pigeon- 
liole  table  or  ten-pin  or  ball  alley,  kept  in  a room  or  place  where 
intoxicating  liquors  are  sold,  shall  allow  any  minor  to  frequent  or 
loiter  about  or  remain  in  the  said  premises,  to  play  at  any  game  or 
roll  any  ball  upon  any  such  table  or  alley  therein,  under  a penalty 
of  not  less  than  ten  dollars,  nor  more  than  fifty  dollars  for  each 
violation  of  this  section,  and  upon  conviction  thereof  shall  forfeit 
his  license. 

Minors  playing  or  loitering  at  other  places — penalty. 
§ 5.  No  keeper  of  any  billiard  room  or  ten-pin  or  ball  alley,  kept 
in  a room  or  place  where  intoxicating  liquors  are  not  sold,  shall 
allow  any  minor  to  play  at  any  game  upon  any  table  or  alley  kept 
by  him,  nor  shall  he  permit  . any  such  minor  to  frequent  or  loiter 
about  or  remain  in  the  said  premises,  unless  upon  the  written  con- 
sent of  the  parent  or  guardian  of  such  minor,  or  his  employer,  if 
he  has  no  parent  or  guardian,  under  a penalty  of  not  less  than  five 
dollars,  nor  more  than  twenty  dollars  for  each  violation  of  this 
section. 


CHAPTER  VI. 
Butchers  and  markets. 


Section. 

1.  Butcher’s  license. 

2.  Butchers  to  keep  book. 

3.  Penalty  for  killing  diseased  animals. 

4.  Selling  flesh  of  diseased  animals. 

5.  Other  unwholesome  provisions. 

6.  Displaying  fruit,  etc.,  on  benches. 

7.  Inspectors  of  meat  and  provisions. 

Butcher’s  license.  § 1.  Whoever  shall  pursue  the  calling  of  a 
butcher  within  the  city  of  Danville,  without  first  having  obtained 
a license  therefor,  as  provided  by  this  chapter,  shall  be  fined  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars.  The  rate  of 
butcher’s  license  shall  be  ten  dollars  per  year,  or  a proportionate  sum 


City  of  Danville. 


Ill 


for  any  less  period.  Every  dealer  in  fresh  meat  shall  be  deemed  a 
batcher  within  the  meaning  of  this  chapter:  Provided , That  this 
section  shall  not  apply  to  persons  who  buy  and  sell  chickens  or 
turkeys,  or  dealers  in  fish  and  game. 

Butchers  to  keep  book,  etc.  § 2.  Every  butcher  shall  keep 
a well  bound  book,  properly  ruled,  in  which  he  shall  cause  to  be 
legibly  recorded  in  ink  a-description  of  each  animal  either  slaught- 
ered by  him  or  the  flesh  of  which  he  keeps  for  sale,  which  description 
shall  set  forth  the  species,  sex,  color  and  age,  if  known,  of  such 
animal,  and  also  the  name  and  place  of  residence  of  the  person  from 
whom  such  animal  was  obtained,  and  the  date  when  slaughtered. 
And  if  such  animal  was  a bull,  stag,  ram  or  boar,  that  fact  shall  be 
entered  as  a part  of  the  description.  Such  book  shall  at  all  times 
be  subject  to  the  inspection  of  any  city  officer,  and  any  person  pro- 
posing to  buy  the  flesh  of  any  animal  may  demand  to  see  the 
recorded  description  of  such  animal.  Any  butcher  failing  to  keep 
a book  as  herein  required,  or  failing  to  make  truthful  entries  therein 
as  above  set  forth,  or  failing  or  refusing  to  exhibit  such  book  on 
demand  to  any  person  having  a right  to  inspect  the  same,  shall  be 
fined  for  each  offense  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars. 

Killing  diseased  animals,  etc.  § 3 Whoever  shall  slaughter 
within  said  city,  or  within  one  mile  of  the  limits  thereof,  any  emaci- 
ated, sick,  sore,  bruised,  wounded,  diseased  or  disordered  animal,  or 
any  animal  which  has  been  within  twenty-four  hours  next  before 
the  time  of  slaughtering  excessively  driven,  so  as  to  become  heated, 
or  any  calf  under  four  weeks  old,  or  any  female  animal  far  gone 
with  youug,  shall  be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  one  hundred  dollars. 

Selling  diseased  animals  or  flesh  of  same.  § 4.  Who- 
ever shall  sell,  offer  to  sell,  or  keep  or  expose  for  sale  within  said 
city,  any  emaciated,  sick,  crippled,  sore,  bruised,  wounded,  diseased 
or  disordered  animal,  with  intent  that  the  same  shall,  while  in  such 
condition,  be  slaughtered  for  food,  or  shall  sell,  offer  to  sell,  keep  or 
expose  for  sale  within  said  city  the  flesh  of  any  such  animal,  or  any 
tainted  or  unwholesome  fresh  meat,  or  the  flesh  of  any  animal 
coming  to  its  death  naturally,  or  by  any  means  other  than  the  usual 
mode  of  slaughtering  animals  for  food,  or  the  flesh  of  any  calf 
slaughtered  under  the  age  of  four  weeks,  or  any  female  animal 
which  at  the  time  of  slaughtering  was  far  gone  with  young,  shall 
for  each  or  either  of  said  offenses  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  two  hundred  dollars. 


112 


Ordinances  oe  the 


Other  unwholesome  provisions.  § 5.  Whoever  shall  sell, 
expose  w offer  for  sale  any  sick  or  diseased  fowl,  bird,  game,  poultry 
or  fish  to  be  used  for  food,  or  the  flesh  of  the  same,  or  the  flesh  of 
any  such  fowl,  bird,  game,  poultry  or  fish  after  the  same  has  become 
tainted,  decayed  or  unwholesome  from  any  cause,  or  the  flesh  of  any 
animal,  fowl,  bird,  game  or  fish  not  used  or  deemed  wholesome  for 
food,  or  any  tainted,  decayed,  unsound  or  unwholesome  provisions 
or  articles  of  food  of  any  kind  whatever,  or  any  adulterated  or  per- 
nicious drink  or  liquors,  shall  be  fined  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  offense. 

Displaying  fruit,  vegetables,  etc.,  on  benches.  § 6. 
Whoever,  as  a merchant,  grocer,  butcher  or  huckster,  shall  display, 
exhibit  or  temporarily  store  in  front  of  his  place  of  business  any 
fruit,  vegetable  or  farinaceous  article  of  commerce,  unless  the  same 
be  so  exhibited,  displayed  or  temporarily  stored  upon  a bench  or 
platform  erected  at  least  three  feet  above  the  level  of  the  sidewalk, 
shall  be  guilty  of  a misdemeaner,  and  fined  not  less  than  one  dollar, 
nor  more  than  five  dollars. 

Inspectors  of  meat  and  provisions.  § 7.  Every  member  of 
the  police  department,  and  all  members  of  the  board  of  health  of 
said  city,  are  hereby  made  and  constituted  ex-officio  inspectors  of 
meat  and  provisions,  in  and  for  said  city.  Every  such  officer  shall 
be  entitled,  on  demand  made  by  him,  to  see  and  inspect  any  fresh 
meat  which  any  butcher  or  other  person  may  keep  or  have  on  hand 
within  the  city,  as  well  as  any  live  animal  obtained  or  designed  by 
any  butcher  or  other  person  for  slaughter.  Such  officer  shall  also 
have  the  right  to  see  and  inspect  all  fowls,  game,  birds,  poultry  or 
fish,  as  well  as  all  other  kinds  of  meat  and  all  kinds  of  provisions, 
including  fruits  and  milk,  which  shall  be  kept  on  hand  or  exposed 
or  offered  for  sale  by  any  butcher,  huckster,  grocer,  milkman, 
dealer  or  other  person.  And  any  person  who  shall  refuse  to  permit 
such  inspection,  on  demand  made  on  him,  or  shall  hinder  or  delay 
such  officer  in  making  the  same,  or  shall  give  false  answers  to  any 
questions  asked  by  such  officer  touching  any  fresh  meat  or  any 
animal  intended  for  slaughter,  shall,  in  either  case,  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars.  And  upon 
such  inspection,  if  such  officer  shall  find  any  of  the  articles  enum- 
erated in  this  section  unwholesome  or  unfit  for  use  as  food,  it  shall 
be  the  duty  of  such  officer  to  condemn  the  same  and  notify  the 
owner  thereof,  or  the  person  having  charge  of  the  same,  to  remove 
or  withdraw  the  same  from  sale,  and  upon  the  failure  or  refusal  of 
such  person  to  withdraw  such  article  from  the  market,  it  shall  then 
be  the  duty  of  such  officer  to  prosecute  such  person  for  a violation 
of  section  4 or  5 of  this  chapter. 


CHAPTER  VII. 


CITY  COLLECTOR. 


Section. 

1.  Office  of  city  collector  created. 

2.  Bond  of  collector. 

3.  Duties  of  collector. 

4.  Authorized  to  receive  special  taxes. 

5.  To  pay  all  special  taxes  to  treasurer. 

6.  To  make  return  of  delinquent  taxes  to  county  collector. 

7.  To  keep  books  of  account. 

8.  Compensation  of  Collector. 

Office  of  city  collector.  § 1.  There  is  hereby  created  the 
office  of  city  collector  of  special  taxes  and  special  assessments.  The 
term  of  said  officer  shall  be  for  one  year  and  until  his  successor  shall 
be  appointed  and  qualified.  The  said  collector  of  special  taxes  and 
special  assessments  shall  be  appointed  annually  by  the  mayor  by  and 
with  the  advice  and  consent  of  the  city  council. 

Bond  of  collector.  § 2.  Said  collector  shall,  before  he  enters 
upon  the  duties  of  his  office  take  and  subscribe  the  oath  prescribed 
by  law  for  city  officers  and  shall  execute  a bond  to  the  city  of 
Danville  in  the  penal  sum  of  $20,000  with  such  securities  as  the 
city*  council  shall  approve,  conditioned  for  the  faithful  performance 
of  his  duties  as  such  collector  and  the  payment  of  all  moneys 
received  by  him  according  to  law  and  the  ordinances  of  the  said  city. 

Duties  of  collector.  § 3.  It  shall  be  the  duty  of  said 
collector  to  execute  all  warrants  for  the  collection  of  special  taxes 
and  special  assessments  which  by  law  and  the  ordinances  of  the  said 
city  may  be  executed  by  such  collector,  and  he  shall  collect  all 
special  taxes  and  special  assessments  which  are  or  may  be  levied 
or  assessed  by  virtue  of  any  ordinance  of  said  city  for  the  making 
of  any  local  improvement. 

Authorized  to  receive  special  taxes.  § 4.  Said  collector 
is  hereby  authorized  and  instructed  to  receive  and  receipt  to  any 
person  or  persons  against  whose  property  special  taxes  are  or  may 
be  assessed  for  local  improvements  or  whose  property  is  or  may  be 
assessed  as  specially  benefitted  by  local  improvements,  as  aforesaid, 
the  amount  of  his  or  their  special  tax  or  special  assessments  less 
such  discount  as  is  or  may  hereafter  be  authorized  by  contract  for 
8 


114 


Ordinances  of  the 


making  such  improvements  : Provided , that  the  collector  shall  not 
allow  any  discount  upon  any  such  special  taxes  or  special  assessment 
except  when  paid  before  or  within  ten  days  from  the  completion  and 
acceptance  of  the  whole  or  such  part  of  said  improvement  as  may 
be  provided  in  the  contract. 

To  pay  all  special  tanes  to  treasurer.  § 5.  Said  collector 
shall  pay  over  to  the  city  treasurer  all  moneys  collected  by  him  as 
fast  as  the  same  shall  be  received,  taking  the  treasurer’s  receipt 
therefor,  which  receipt  he  shall  immediately  file  with  the  city  clerk, 
who  shall  at  the  time  or  on  demand  give  the  collector  a copy  of  any 
such  receipt  so  filed.  He  shall  make  report  in  writing,  to  the  city 
council  at  each  regular  meeting  thereof,  showing  the  amount  of 
money  collected,  from  whom  received  and  on  what  account  received, 
and  he  shall,  annually,  at  the  close  of  each  fiscal  year,  make  out  and 
file  with  the  city  clerk  a full  statement  of  all  moneys  collected  by 
him  during  the  preceding  fiscal  year  in  the  manner  as  i required  by 
law. 

TO  MAKE  RETURN  OF  DELINQUENT  TAXES  TO  COUNTY  COLLECTOR. 
§ 6.  It  shall  be  the  duty  of  the  city  collector  on  or  before  the  tenth 
day  of  March  each  year,  to  make  a report  or  reports  in  writing  to 
the  county  collector  of  Vermilion  county  or  other  officer  authorized 
by  the  general  revenue  laws  of  this  state,  to  apply  for  judgment 
and  sell  lands  for  taxes  due  the  county  and  state,  showing  all  the 
lands,  town  lots  and  real  property  on  which  he  shall  have  been 
unable  to  collect  said  special  taxes  or  special  assessments  due  and 
unpaid  thereon,  together  with  his  warrant  or  warrants  or  with  a 
brief  description  of  the  warrant  or  warrants  received  by  him 
authorizing  the  collection  thereof,  which  report  or  reports  shall  be 
accompanied  by  the  oath  of  said  collector,  that  the  list  or  lists  are 
a correct  return  and  report  of  the  lands,  town  lots,  and  real  property 
on  which  the  said  special  taxes  or  special  assessments,  levied  by 
authority  of  the  city  of  Danville  remain  due  and  unpaid,  that  he  is 
unable  to  collect  the  same  or  any  part  thereof  and  that  he  had  given 
the  notice  or  notices  required  by  law,  that*  said  warrant  or  warrants 
had  been  received  by  him  for  collection. 

To  keep  BOOKS  OF  ACCOUNT.  § 7.  Said  collector  shall  under  the 
direction  and  supervision  of  the  finance  committee,  keep  books  and 
accounts  which  shall  show  all  receipts  and  moneys  collected  by  him, 
and  other  matters  pertaining  to  his  office,  such  books  and  accounts 
to  be  kept  in  a clear  and  methodical  manner. 


City  of  Danville. 


115 


Compensation  of  collector.  § 8.  The  city  collector  shall 
receive  for  his  services  a compensation  of  one  per  cent,  of  all  moneys 
collected  by  him  and  paid  into  the  city  treasury. 


CHAPTER  VIII. 

CITY  ENGINEER. 

Section. 

1.  Appointment  of  city  engineer. 

2.  Bond  of  city  engineer. 

3.  Oath  of  city  engineer. 

4.  Compensation— how  paid. 

5.  To  make  plans,  surveys,  etc.,  and  establish  grades,  etc. 

6.  To  inspect  material,  etc.,  keep  books,  etc.,  examine  accounts. 

7.  To  designate  grades  for  walks— supervise  work,  etc. 

8.  To  supervise  public  work — to  remove  walks,  etc.,  not  conforming 

to  grade. 

9.  To  preserve  all  books,  etc.,  keep  record  of  all  transactions. 

10.  To  make  all  surveys — chainmen — oath — field  notes. 

11.  To  superintend  labor  on  streets,  etc. — pay  rolls — reports. 

12.  To  fix  lot  boundaries — furnish  certificate  of  survey. 

13.  To  preserve  and  keep  tools  in  good  condition. 

14.  To  keep  streets,  etc.,  in  safe  condition. 

15.  To  keep  railroad  crossings  open — report. 

16.  To  annually  cause  streets,  etc.,  to  be  put  in  good  condition. 

• 17.  Additional-duties  may  be  required. 

18.  To  make  maps  of  streets  and  assign  numbers  to  houses. 

19.  To  adjust  and  renumber  houses  and  correct  mistakes. 

20.  Vacancy — how  filled. 

Appointment  of  city  engineer.  § 1.  There  shall  be  appointed 
annually  by  the  mayor,  with  the  approval  of  the  city  council,  a city 
engineer.  Such  appointment  shall  be  made  at  the  first  regular 
meeting  in  April  of  each  year,  or  as  soon  thereafter  as  practicable. 

Bond  of  city  engineer.  § 2.  The  said  city  engineer  shall, 
before  entering  upon  his  duties,  execute  a bond  in  the  penal  sum  of 
three  thousand  dollars,  payable  to  the  city  of  Danville,  and  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office,  and 
the  payment  of  all  moneys  which  may  comednto  his  hands  by  virtue 
of  his  office,  according  to  law  and  the  ordinances  of  said  city. 

Oath  of  city  engineer.  § 3.  The  said  city  engineer  shall 
also,  before  entering  upon  the  duties  of  his  office,  take  and  subscribe 
the  following  oath  or  affirmation : 


116 


Ordinances  of  the  . 


“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support 
the  constitution  of  the  United  States  and  the  constitution  of  the,  State  of 
Illinois,  and  that  I will  faithfully  discharge  the  duties  of  the  office,  of  city 
engineer  to  the  best  of  my  ability.” 

Compensation— how  paid.  § 4.  The  compensation  of  the 
said  city  engineer  shall  be  the  sum  of  twelve  hundred  dollars  per 
annum,  payable  in  equal  monthly  installments. 

To  MAKE  PLANS,  SURVEYS,  ETC.,  AND  ESTABLISH  GRADES,  ETC. 
§ 5.  The  city  engineer  shall,  when  required  by  the  mayor,  the  city 
council  or  any  of  its  committees,  make  out  plans,  estimates  and 
specifications  tor  ] ublic  work  which  may  be  ordered  or  proposed  by 
the  city  council.  He  shall,  under  the  direction  of  the  proper  com- 
mittee, also  superintend  the  construction  of  all  public  work.  He 
shall,  when  required  by  the  city  council,  make  surveys  of  the  grades 
or  boundaries  of  streets,  alleys  or  sewers,  and  prepare  plats  and 
profiles  thereof  and  report  the  same  to  the  city  council ; and  no  such 
survey  of  any  grade  or  boundary  shall  be  established  and  valid  until 
the  plats  and  profiles  thereof  shall  be  reported  to  and  approved  by 
the  city  council. 

TO  INSPECT  MATERIAL,  ETC.,  KEEP  BOOKS,  ETC.,  EXAMINE 
accounts.  § 6.  The  city  engineer  shall,  when  required  by  the 
mayor,  city  council  or  any  of  its  committees,  receive,  inspect  or 
measure  any  lumber,  stone  or  other  materials  to  be  used  for  any  public 
work.  He  shall  keep  an  accurate  account,  in  a suitable  book,  of  the 
quantity  and  quality  of  all  such  material,  aqd  from  whom  received 
and  the  cost  thereof,  and  also  for  what  purpose  used  and  from  whom 
delivered  and  the  cost  thereof,  and  also  to  whom  delivered.  He 
shall  examine  all  accounts  for  materials  received  by  him  on  account 
of  the  city,  and,  if  correct,  certify  the  same  to  the  city  council. 

To  DESIGNATE  GRADES  FOR  WALKS — SUPERVISE  WORK,  ETC. 
§ 7.  The  city  engineer  shall  designate,  by  proper  lines  and  stakes, 
the  grade  for  all  sidewalks  for  persons  desiring  to  build  sidewalks. 
If  there  be  no  such  grade  established  by  the  city  council,  then  said 
city  engineer  shall  designate  and  affix  a temporary  grade  for  the 
purpose  aforesaid.  He  shall  supervise  the  construction  thereof. 

To  SUPERVISE  PUBLIC  WORK — TO  REMOVE  WALKS,  ETC.,  NOT 
conforming  TO  grade.  § 8.  The  said  city  engineer  shall  see  that  all 
sidewalks,  pavements  or  sewers  are  constructed  in  accordance  with 
the  established  grade  therefor,  and  that  the  same  are  laid  of  the 
proper  and  designated  width  as  prescribed  by  the  ordinances  of  the 
city.  And  it  is  hereby  made  the  duty  of  said  city  engineer  to  remove 
and  take  up  any  such  sidewalk  or  pavement  hereafter  laid  which. 


City  of  Danville. 


117 


does  not  conform  to  such  grade  and  width  as  prescribed  by  the  ordi- 
nances of  the  said  city. 

To  PERSERVE  ALL  BOOKS,  ETC.,  KEEP  RECORD  OF  ALL  TRANS- 
ACTIONS. § 9.  The  said  city  engineer  shall  preserve  in  his  office  all 
records  and  plans  of  survey  and  all  books,  papers  and  writings  per- 
taining to  his  office.  He  shall  make  out  and  keep  a diagram  .or 
plat  of  all  the  grades  and  boundaries  of  streets  and  alleys  established 
by  the  city  council,  correcting  the  same  when  any  grade  shall  be 
changed,  and  adding  thereto  when  any  new  grade  or  boundary  shall 
be  established,  and  he  shall  record  in  a suitable  book  the  profiles 
and  notes  of  all  surveys  of  grades  and  boundaries  established,  and 
shall  preserve  the  original  papers  relating  thereto,  and  shall  other- 
wise keep  a systematic  record  of  all  the  transactions  pertaining  to 
the  department,  which  record  shall  belong  to  the  city  of  Danville. 

To  MAKE  ALL  SURVEYS — CHAINMEN — OATH — FIELD  NOTES. 
§ 10.  The  city  engineer  shall  make  all  surveys  in  the  city  that  he 
may  be  called  upon  to  make,  and  shall  employ  the  necessary  chain- 
men  and  other  assistants,  who  shall,  before  entering  upon  their 
duties,  be  sworn  before  him  or  before  any  person  authorized  by  law 
to  administer  oaths,  “ to  measure  accurately  and  justly,  and  to  per- 
form their  duties  to  the  best  of  their  knowledge  and  ability.’7  He 
shall  acquaint  himself  with  the  original  surveys  of  the  town  and 
city,  and  shall,  as  far  as  practicable,  provide  himself  with  copies  of 
the  field  notes  of  the  original  surveys,  and  shall  make  his  surveys 
in  accordance  therewith ; and  he  shall  note  all  errors  and  discrep- 
ancies in  the  original  survey  or  surveys  as  soon  as  discovered. 

To  SUPERINTEND  LABOR  ON  STREETS,  ETC. — PAY  ROLLS — 
reports.  § 11.  The  said  city  engineer  shall  superintend,  under 
the  direction  of  the  proper  committee,  all  labor  performed  on  the 
streets,  alleys  and  parks,  and  also  all  labor  performed  upon  sewers. 
He  shall  make  out  all  pay  rolls  for  street  or  park  labor,  and  certify 
to  the  correctness  of  the  same.  He  shall  report  monthly,  at  the  first 
regular  meeting  in  the  month,  to  the  city  council  a general  abstract 
of  all  the  operations  of  his  department ; the  amount  of  work  per- 
formed, and  the  amount  on  hand  unexpended ; the  number  of 
laborers  and  teams  in  the  employ  of  the  city;  the  amount  of  money 
expended  in  his  department,  together  with  such  other  information 
as  may  be' deemed  of  importance. 

To  FIX  LOT  BOUNDARIES — FURNISH  CERTIFICATE  OF  SURVEY. 
§ 12.  The  said  engineer  shall,  upon  finding  or  establishing  the 
boundary  of  any  lot  or  tract  surveyed,  plant  a substantial  stake  or 
stone  at  each  corner  thereof,  and  give  to  the  owner  or  person  employ- 


118 


Ordinances  of  the 


ing  him,  if  required,  a certificate  stating  the  date  and,  as  far  as 
practicable,  the  metes  and  bounds  of  the  survey  and  date  of  the 
survey,  for  whom  made,  and  describing,  as  far  as  practicable,  the 
metes  and  bounds  thereof. 

To  PRESERVE  AND  KEEP  TOOLS  IN  GOOD  CONDITION.  § 13. 
He  shall  procure  and  have  control  and  custody  of  all  the  necessary 
tools  and  implements  which  are  used  in  the  construction  and  repair 
of  the  streets,  alleys,  ways,  lanes,  highways,  walks,  crosswalks, 
bridges,  sewers,  parks,  public  grounds  aud  places,  and  see  that  the 
same  are  kept  in  proper  condition  for  use. 

To  KEEP  STREETS,  ETC.,  IN  SAFE  CONDITION.  § 14.  It  shall  be 
the  duty  of  said  city  engineer  to  take  charge  of  all  streets,  alleys, 
lanes,  highways,  walks  and  crosswalks,  bridges,  sewers,  public 
grounds  and  parks  in  and  belonging  to  said  city,  subject,  however, 
to  all  ordinances  that  now  are  or  hereafter  may  be  in  force.  He 
shall  attend  to  and  superintend  the  improvement  and  repairs  upon 
the  same,  and  see  that  the  same  are  kept  in  proper  order  and  in  good 
condition  and  free  from  all  unnecessary  obstructions. 

To  KEEP  RAILROAD  CROSSINGS  OPEN — REPORT.  § 15.  The  city 
engineer  shall  see  that  all  ordinances  of  said  city  pertaining  to 
railroads  are  not  violated,  and  that  all  railroad  crossings  are  kept 
free  and  clear  at  all  times,  under  the  ordinances  of  the  city  now  in 
force,  or  such  as  may  hereafter  be  in  force ; and  when  there  is  a 
violation  of  ordinances  pertaining  to  railroads,  streets  aud  alleys, 
walks,  crosswalks,  bridges,  sewers,  public  grounds,  parks,  lanes  or 
highways,  report  the  same  to  the  proper  officers  and  see  that  the 
same  are  properly  enforced. 

To  ANNUALLY  CAUSE  STREETS,  ETC.,  TO  BE  PUT  IN  GOOD  CON- 
DITION. § 16.  The  city  engineer  shall  annually,  as  early  as  the 
season  will  permit,  under  the  direction  of  the  proper  committee, 
cause  the  streets,  alleys,  lanes,  highways,  walks,  crosswalks,  parks, 
sewers,  gutters,  bridges  aud  public  grounds  within  the  city  to  be  put 
in  proper  condition  and  repair. 

Additional  duties  may  be  required.  § 17.  The  said  city 
engineer  shall  also  perform  such  other  and  further  duties  as  may  be 
required  of  him  by  the  city  council  or  the  committee  on  streets  and 
alleys. 

To  MAKE  MAPS  OF  STREETS  AND  ASSIGN  NUMBERS  TO  HOUSES. 
§ 18.  The  said  engineer  shall  cause  to  be  prepared  from  time  to  time 
maps  of  the  several  streets,  showing  the  numbers  of  all  lots  and 


City  of  Danville. 


119 


houses.  He  shall  also  assign  to  each  lot  or  house  its  proper  number, 
and  deliver,  free  of  charge,  to  the  o\yner  or  occupant  a certificate 
designating  such  number. 

To  ADJUST  AND  RENUMBER  HOUSES  AND  CORRECT  MISTAKES. 
§19.  In  all  cases  where  a street  shall  be  numbered  or  renumbered 
in  pursuance  of  any  ordinance  now  in  force,  or  hereafter  passed,  it 
shall  be  the  duty  of  the  said  city  engineer  thereafter  to  adjust  and 
renumber  such  streets  as 'the  same  may  be  required  from  time  to 
time.  And  in  all  cases  where  there  is  a mistake  or  conflict  in 
numbers,  said  city  engineer  shall  direct  and  made  the  proper 
adjustment  of  the  same. 

Vacancy — how  filled.  § 20.  If  a vacancy  shall  occur  in 
the  office  of  city  engineer,  by  death,  resignation,  removal  or  other- 
wise, such  vacancy  shall  be  filled  for  the  unexpired  part  of  the  year 
by  appointment  by  the  mayor,  by  and  with  the  approval  of  the  city 
council. 


CHAPTER  IX. 


CITY  WEIGHERS. 

Section. 

1.  Appointment  and  removal  of. 

2.  Bond — license— fee. 

3.  Scale— prohibited  location. 

4.  Scale — how  provided. 

5.  Scale — adjustment  of. 

6.  Deputy  weighers. 

7.  Business  hours. 

8.  Fee — register  and  certificate  of  weights. 

9.  Records. 

10.  Weight  of  vehicle. 

11.  Alteration,  etc.,  of  certificate — penalty. 

12.  Inspection  of  books. 

Appointment  and  removal  of.  § 1.  The  mayor  shall,  from 
time  to  time,  appoint  so  many  and  such  persons  to  be  Gity  weighers 
as  he  may  think  proper,  and  may  remove  them  at  his  pleasure. 

Bond — license — fee.  § 2.  Every  city  weigher  shall,  for  the 
faithful  performance  of  his  duties,  execute  a bond  to  the  city  of 
Danville  in  the  sum  of  three  hundred  dollars,  with  sureties  to  be 
approved  by  the  city  council,  conditioned  for  the  faithful  performance 


120 


Ordinances  of  the 


of  his  duties.  Every  such  weigher  shall  pay  into  the  city  treasury 
the  sum  of  three  dollars  per  annum,  upon  each  of  his  scales,  for  an 
annual  license  or  permit.  # 

Scale — prohibited  location — penalty.  § 3.  No  person  shall 
use  or  keep  any  scale  in  any  public  place,  street  or  alley,  within 
the  city  of  Danville  for  weighing  any  substance  or  thing  for  the 
public,  except  city  weighers  who  have  complied  with  section  two  of 
of  this  chapter  of  this  ordinance.  Any  person  violating  any 
provision  of  this  ordinance  shall  pay  a penalty  of  not  less  than  five 
nor  more  than  fifteen  dollars  for  each  offense. 

Scale — -how  provided,  etc.  § 4.  Each  of  said  weighers  so 
appointed,  shall  provide  his  own  scales  and  shall  locate  them  and 
keep  them  properly  adjusted  and  repaired  at  his  own  expense. 

Scare — adjustment  of.  § 5.  It  shall  be  the  duty  of  weighers 
so  appointed,  to  have  their  scales  adjusted  and  sealed  by  the  sealer 
of  weights  and  measures  at  least  once  in  every  six  months,  and 
oftener  if  required.  It  shall  further  be  their  duty  to  weigh  any 
coal,  hay  or  any  other  article,  when  so  requested  by  the  person  or 
persons  bringing  the  same. 

Deputy  weighers.  § 6.  The  weighers,  so  appointed  shall  have 
power  to  appoint  all  necessary  deputies  to  attend  said  scales,  and, 
the  official  bond  of  said  weigher  shall  be  holden  and  answerable  for 
the  acts  of  said  deputies. 

Business  hours.  § 7.  Said  weighers  shall,  either  in  person  or 
by  such  deputy,  be  present  at  their  individual  scales  during  all 
reasonable  hours  each  day,  Sundays  and  public  holidays  excepted. 

Fee — register  and  certificate  of  weights.  § 8.  The  said 
weighers  shall  be  allowed  to  charge  and  receive  ten  cents  for  every 
load  or  part  of  a load,  or  other  article  of  any  kind  or  nature 
whatsoever  weighed  by  them,  except  coal,  and  five  cents  for  every 
load  of  coal  and  they  shall  keep  an  account  of  the  weight  of  every 
load  by  them  weighed,  and  shall  furnish  to  the  person  having  such 
load  weighed,  a certificate,  written  with  ink,  for  each  load,  which 
certificate  shall  contain  the  gross  and  net  weight  of  each  load 
weighed  by  him. 

Record.  § 9.  The  said  city  weighers  shall,  severally,  provide 
themselves  with,  and  each  shall  keep  a book  in  which  he  shall  enter 
the  amount  of  each  load,  and  the  name  of  each  person  for  whom, 
and  tbe  date  when  the  same  was  weighed ; and  when  the  vehicle 
and  load  shall  be  weighed  together  the  city  weigher’s  certificate, 
shall  state  the  gross  weight  thereof,  and  upon  the  sale  or  delivery 


City  of  Danville. 


121 


of  such  load,  the  vehicle  shall  again  be  weighed,  without  charge,  by 
the  city  weigher  who  weighed  the  original  load  and  thus  the  net 
weight  of  the  load  ascertained. 

Weight  of  vehicle.  § 10.  In  no  case  shall  any  city  weigher 
state  in  his  said  certificate  the  weight  of  any  vehicle  which  may 
have  been  weighed  with  any  load,  until  such  city  weigher  shall  have 
ascertained  the  weight  of  such  article  by  actually  personally  weighing 
the  same  on  his  said  scales. 

Alteration,  etc.,  of  certificate — penalty.  §11.  No  person 
shall  alter  any  certificate  of  any  city  weigher,  or  use  or  attempt  to 
use  the  same  for  any  other  load  or  parcel  than  the  one  for  which  the 
same  was  given ; nor,  after  the  weighing,  and  before  the  sale  and 
delivery  of  any  load  or  parcel  diminish  the  quantity  thereof;  any 
person  violating  the  provisions  of  this  section  shall  be  fined  in  any 
sum  not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 

Inspection  of  books.  § 12.  The  city  clerk  shall  be  permitted, 
by  himself  or  his  agent,  to  examine  at  his  pleasure  the  books 
required  as  afofesaid,  to  be  kept  by  the  city  weighers. 


CHAPTER  X. 


CLAIMS  AGAINST  CITY. 


Section. 

i.  Claims  sworn  to  and  referred. 


Claims* must  be  sworn  to  and  referred.  § 1.  No  claim  or 
account  against  the  city  of  Danville,  except  for  the  salaries  of  its 
regularly  elected  or  appointed  and  commissioned  officers,  or  for  the 
payment  of  a special  contract  made  by  the  city  council,  or  by  .some 
officer  of  the  city  authorized  by  ordinance  to  make  contracts,  shall 
be  considered,  audited  or  allowed,  nor  shall  any  warrant  issue  for 
the  payment  thereof,  unless  the  person  presenting  the  same,  or  some 
credible  person  for  him,  shall  make  oath  before  some  officer  duly 
authorized  by  law  to  administer  oaths,  before  filing  the  same,  that 
such  claim  or  account  is  true,  just  and  correct,  and  that  the  charges 
therein  are  reasonable;  nor  shall  such  warrant  issue  until  such  claim 
or  account  has  been  referred  to  and  examined  by  at  least  two  of  the 


122 


Ordinances  of  the 


committee  of  the  department  to  which  such  claim  or  account  shall 
appropriately  belong,  or  by  some  other  committee  designated  by  the 
council,  which  committee  shalfreport  such  claim  back  to  the  council, 
with  its  recommendation  indorsed  thereon,  signed  by  the  members 
thereof,  when  the  said  claim  or  account  shall  then  be  acted  upon  by 
the  council. 


CHAPTER  XI. 


CORPORATION  COUNSEL. 

Section. 

1.  Office  created. 

2.  Appointment. 

3.  Oath — bond. 

4.  Duties  of  officer. 

5.  To  deliver  to  successor  all  papers,  etc. 

6.  Compensation. 

Office  created.  § 1.  There  is  hereby  created  the  office  of 
corporation  counsel,  who  shall  hold  his  office  for  the  term  of  two 
years,  and  until  his  successor  shall  be  appointed  and  qualified. 

Appointment.  § 2.  He  shall  be  appointed  by  the  mayor,  with 
the  approval  of  the  city  council,  on  the  first  Thursday  of  May,  A. 
D.  189J,  or  as  soon  thereafter  as  may  be,  and  bi-annually  thereafter. 

Oath — bond.  § 3.  The  corporation  counsel,  before  entering 
upon  the  duties  of  his  said  office,  shall  take  and  subscribe  the  fol- 
lowing oath  or  affirmation : 

“ I do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support 
the  constitution  of  the  United  States  and  the  constitution  of  the  State  of 
Illinois,  and  that  I will  faithfully  discharge  the  duties  of  the  office  of  corpora- 
tion counsel  according  to  the  best  of  my  ability.” 

And  shall  execute  a bond,  with  security  to  be  approved  by  the  city 
council,  payable  to  said  city,  in  the  penal  sum  of  two  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
said  office. 

Duties  of  officer.  § 4.  It  shall  be  the  duty  of  the  corpora- 
tion counsel  to  furnish  his  written  opinion  upon  any  legal  question 
submitted  to  him  for  such  opinion  by  the  city  council,  and  to  regu- 
larly attend  all  meetings  of  said  council ; to  draft  all  ordinances, 


City  of  Danville. 


123 


bonds,  contracts,  leases,  conveyances  and  other  instruments  of 
writing,  as  may  be  required  by  the  business  of  the  city ; he  shall 
prosecute  all  proceedings  brought  in  the  proper  courts  for  the  levy 
and  assessment  of  special  taxes  or  assessments  for  any  local  improve- 
ment, or  the  opening  and  laying  out  of  any  street  or  alley  in  said 
city ; he  shall  assist  the  city  attorney,  when  directed  so  to  do  by  the 
city  council  or  mayor,  in  instituting  or  defending  any  suit  which 
may  be  brought  in  any  court  by  or  against  the  city,  or  which  may  be 
brought  by  or  against  any  of  its  officers  on  account  of  any  of  their 
official  acts;  he  shall  also  make  any  reports  concerning  any  suits  to 
which  the  city  may  be  a party,  whenever  directed  so  to  do  by  the 
city  council. 

To  DELIVER  TO  SUCCESSOR  ALL  PAPERS,  ETC.  § 5.  Upon  tile 
expiration  of  his  term  of  office,  or  his  resignation  thereof  or  removal 
therefrom,  the  corporation  counsel  shall  forthwith,  on  demand, 
deliver  to  his  successor  in  office  all  deeds,  leases,  contracts  and  other 
papers  in  his  hands  belonging  to  the  corporation,  or  delivered  to 
him  by  the  corporation  or  any  of  its  officers,  and  all  papers  in  actions 
prosecuted  or  defended  by  him,  then  pending  undetermined,  together 
with  his  register  thereof,  and  of  the  proceedings  thereon. 

Compensation.  § 6.  The  corporation  counsel  shall  receive  an 
annual  salary  of  six  hundred  dollars,  payable  quarterly. 


CHAPTER  XII. 

DOGS. 

Section. 

1.  Danger  of  hydrophobia — proclamation  of  mayor. 

2.  Dogs  a nuisance— when. 

3.  Bitch  at  large  in  heat. 

4.  Dangerous  dogs. 

Danger  of  hydrophobia — proclamation  of  mayor.  § 1. 
Whenever  the  mayor  of  the  city  of  Danville  shall  deem  it  advisable, 
for  the  prevention  of  hydrophobia,  he  may  issue  his  proclamation 
requiring  all  the  dogs  within  the  city  to  be  confined,  or  to  be  securely 
muzzled  with  a wire  muzzle,  for  such  time  as  may  be  designated, 
or  until  otherwise  ordered,  and  during  such  time  it  shall  be  unlawful 
for  any  dog  to  go  or  be  at  large  unmuzzled. 


124 


Ordinances  of  the 


Dogs  at  large  unmuzzled  a nuisance.  § 2.  All  dogs  run- 
ning at  large  within  the  city,  contrary  to  the  provisions  of  the 
preceding  section,  are  declared  a nuisance,  and  shall  be  killed  by  the 
city  marshal  or  any  policeman  of  said  city.  And  the  owner  or 
keeper  of  any  such  dog,  who  shall  knowingly  permit  the  same  to 
run  at  large,  contrary  to  the  provisions  of  the  preceding  section,  shall 
be  lined  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars. 

Bitch  at  large  while  in  heat.  § 3.  Any  bitch  running  at 
large  while  in  heat  is  hereby  declared  a(  nuisance,  and  shall  be  killed 
by  the  city  marshal  or  any  policeman  of  said  city.  And  the  owner 
or  keeper  of  any  such  bitch,  who  permits  the  same  to  run  at  large 
when  in  heat,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Dangerous  dogs.  § 4.  Any  owner  or  keeper  of  a fierce  or  dan- 
gerous dog  or  bitch,  who  shall  knowingly  permit  the  same  to  run 
at  large,  to  the  danger,  annoyance  or  damage  of  any  person  within 
the  city,  shall  be  deemed  guilty  of  a nuisance,  and  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars;  and  upon  such  conviction  the  city  marshal  or  any 
policeman  shall  destroy,  or  cause  such  dog  or  bitch  to  be  destroyed. 


CHAPTER  XIII. 

DRUGGISTS. 

Section. 

1.  May  sell  intoxicating  liquors. 

2.  Restriction  placed  on  the  right  to  sell. 

3.  Not  to  include  the  sale  of  beer,  except,  etc. 

4.  Not  to  sell  on  Sunday,  except,  etc. 

5.  Not  to  be  drunk  on  premises. 

6.  Druggist  to  keep  register— open  to  inspection. 

7.  Permit  to  be  granted — length  of  permit. 

8.  Permit  may  be  revoked, 

9.  Penaty. 

May  sell  intoxicating  liquors.  § 1.  Subject  to  the  regulations 
and  restrictions  hereinafter  contained,  persons  engaged  in  the 
business  of  vending  drugs,  commonly  called  druggists,  may  sell 
intoxicating  liquors  in  less  quantity  than  one  gallon  for  medicinal, 
mechanical,  sacramental  and  chemical  purposes  only. 


City  of  Danville. 


125 


Restrictions  placed  on  the  right  to  sell.  § 2.  Such 
permission  shall  onty  extend  to  and  authorize  the  sale  of  intoxicating 
liquors  for  the  purposes  aforesaid,  when  the  same  shall  be  sold  upon 
the  prescription  of  a practicing  physician ; or  when  the  said  liquor 
shall  be  a necessary  ingredient  in  the  preparation  of  a prescription 
prepared  by  said  druggist,  or  when  the  same  shall  be  sold  for  other 
medicinal,  or  any  mechanical,  chemical  or  sacrampntal  purpose: 
Provided , however,  that  said  druggist  so  selling  such  intoxicating 
liquors  for  any  of  the  aforesaid  purposes,  shall  be  held  to  exercise 
good  faith,  to  ascertain  and  know  that  such  liquors  so  sold  for  any 
such  purpose  was  in  good  faith  purchased  for.  that  purpose  and  no 
other. 

Not  to  include  sale  of  beer,  except,  etc.  § 3.  Such  permission 
shall  not  be  held  to  include  the  sale  of  those  malt  or  fermented 
liquors,  commonly  called  beer  and  ale,  whether  sold  by  the  bottle  or 
otherwise,  except  such  sale  be  made  upon  the  written  prescription 
of  a practicing  physician  furnished  said  druggist  at  the  time  of  said 
sale. 

Not  to  sell  on  Sunday,  except,  etc.  § 4.  No  such  permit  shall 
extend  to,  or  authorize  the  sale  or  delivery  of  any  intoxicating  liquor 
in  any  quantity  upon  Sunday,  for  any  purpose  whatever,  and  such 
sale  and  delivery  is  hereby  declared  to  be  unlawful,  except  it  be  for 
medicinal  purposes,  and  then  only,  upon  the  written  prescription  of 
a reputable  physician  in  active  practice ; which  prescription  shall 
be  made  and  given  for  that  particular  sale  and  no  other. 

Not  to  be  drunk  on  premises.  § 5.  It  shall  be  unlawful  for 
any  druggtst,  either  by  himself,  servant,  clerk  or  agent,  to  sell  any 
intoxicating  liquor  in  any  quantity  or  for  any  purpose  whatever, 
which  shall  be  drank  upon  the  premises  where  sold ; and  no  permit 
granted  under  this  ordinance  shall  extend  to,  or  protect  any  such 
sale. 

Druggist  to  keep  register — open  to  inspection.  § 6.  All 
druggists  who  may  be  permitted  to  sell  intoxicating  liquors  under 
this  ordinance  shall  keep  a register  of  all  such  sales  in  a book 
provided  for  that  purpose  ; in  which  they  shall  enter  the  name  and 
quantity,  of  liquor  sold,  the  purpose  for  which  the  same  was  bought, 
the  date  when,  and  the  name  of  the  person  to  whom  the  same  was 
sold.  The  permit  granted  hereunder  shall  not  extend  to  or  authorize 
the  sale  of  any  such  liquor  not  so  entered  and  registered.  Said 
register  shall  at  all  times  be  open  to  the  inspection  of  the  officers 
and  police  of  said  city  : Provided , this  section  shall  not  apply  to 


126 


Ordinances  of  the 


sales  made  on  prescriptions  of  practicing  physicians,  where  such 
prescription  is  preserved.' 

Permit  to  be  granted  — length  of  permit.  § 7.  The 
permission  to  sell  intoxicating  liquors  herein  provided  for  shall  be 
evidenced  by  a written  or  printed  permit,  signed  by  the  mayor  and 
attested  by  the  city  clerk  under  the  corporate  seal  of  the  city.  The 
granting  of  such  permit  shall  be  duly  entered  upon  the  records  of 
the  city  kept  by  said  clerk,  and  such,  record  shall  be  a protection  to 
such  druggist  in  the  sale  of  intoxicating  liquors  allowed  by  this 
ordinance  so  long  as  such  permit  holds  good  and  said  druggist 
complies  with  the  terms  thereof.  No  permit  shall,  issue  for  a longer 
term  than  the  municipal  year  in  which  the  same  shall  be  granted. 

Permit  may  be  revoked.  § 8.  The  mayor  shall  have  power, 
and  it  is  hereby  made  his  duty  to  revoke  any  permit  granted  by 
him  for  any  palpable  violation  of  the  provisions  of  this  ordinance 
by  any  such  druggist. 

Penalty.  § 9.  Any  druggist  who  shall  violate  any  of  the 
provisions  of  this  ordinance  shall  be  fined  in  any  sum  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars  for  each  offense, 
and  shall  forfeit  all  rights  he  may  have  under  and  by  virtue  of  such 
permit. 


CHAPTER  XIV. 


ELECTIONS. 

Section. 

1.  Time  of  general  election. 

2.  Clerk  to  give  notice  of  election. 

3.  Special  elections. 

4.  Appointment  of  judges  and  clerks. 

5.  Compensation  of  judges  and  clerks. 

6.  Vacancies — how  filled. 

7.  Oath — Vacancies. 

8.  Ballot  boxes,  voting  booths,  etc. 

9.  Ballots,  poll  books  and  blanks. 

10.  Time  of  opening  and  closing  polls, 'etc. 

11.  Proclamation  to  be  made  before  polls,  etc. 

12.  Ballot  box  to  be  opened  and  exhibited. 

13.  General  election  law  applicable. 

14.  Canvassing  votes  and  making  returns. 

,15.  Disposition  of  ballots. 

16.  Penalty  for  failure  to  make  returns. 

17.  Canvassing  returns  by  council. 

18.  Tie  vote — casting  lots. 

19.  Notice  to  person  elected,  etc. 

20.  Failure  to  elect-new  election. 

21.  Order  to  be  preserved  at  polls. 

22.  Dramshops  to  b.e  closed. 

23.  Contesting  election  of  al.lermen. 

24.  Statement  of  contestant — copy  to  be  served,  etc. 

25.  Taking  testimony. 

26.  Time  for  filing  proof  with  clerk. 

27.  Hearing  contest  by  council — decision. 

28.  Opening  and  counting  ballots. 

Time  of  general  election.  § 1.  A general  election  for  all 
municipal  officers  authorized  by  law  or  ordinance  to  be  elected  shall 
be  held  in  the  city  of  Danville  on  the  third  Tuesday  of  April  in  each 
year,  at  such  places  in  the  several  wards  of  said  city  as  may  be  desig- 
nated by  the  city  council. 

Clerk  to  give  notice  of  election.  § 2.  The  city  clerk  shall 
give  notice  of  such  election  by  publishing  an  advertisement  in  some 
newspaper  printed  and  published  in  said  city,  or  by  posting  notices 
thereof  at  each  of  the  voting  places  in  said  city,  for  at  least  twenty 
days  prior  to  such  election,  in  which  notice  he  shall  state  the  time 
and  place  of  holding  such  election,  the  officers  to  be  elected  and  the 
time  of  opening  and  closing  the  polls. 

Special  elections.  § 3.  Special  elections  may  be  ordeped  at 
any  time,  for  any  of  the  purposes  provided  by  law,  and  notice 


128 


Ordinances  of  the 


thereof  shall  be  given  by  the  city  clerk  in  the  same  manner  and  for 
the  same  length  of  time,  and  they  shall  be  conducted  in  the  same 
manner  as  is  required  in  the  case  of  regular  annual  elections. 

Appointment  of  judges  and  clerks.  § 4.  The  city  council 
shall,  at  least  twenty  days  before  any  election  shall  be  held,  desig- 
nate the  places  of  holding  the  same,  and  appoint  three  capable  and 
discreet  electors  in  each  ward  of  the  city,  to  act  as  judges  of  election 
therein,  and  three  electors  in  each  ward,  having  similar  qualifications 
with  the  judges,  to  act  as  clerks  of  election.  Immediately  after  the 
appointment  of  such  judges  and  clerks,  the  city  clerk  shall  make  out 
and  deliver  to  the  city  marshal  notices  thereof,  under  the  corporate 
seal,  directed  to  each  person  so  appointed,  and  said  marshal,  within 
three  days  thereafter,  shall  deliver  such  notices  to  the  several  judges 
and  clerks  so  appointed. 

Compensaton  of  judges  and  clerks.  § 5.  The  judges  and 
clerks  of  election  shall  be  allowed  the  sum  of  three  dollars  per  day 
for  their  services  in  attending  such  election. 

Vacancies — now  filled.  § 6.  If  any  person  so  appointed  a 
judge  of  election  shall  not  be  present  at  the  time  for  opening  the 
polls  of  any  election,  or,  being  present,  shall  refuse  to  act  or  take 
the  oath  to  act  in  such  capacity,  the  judges  or  judge  present  may 
appoint  some  other  qualified  elector  of  the  ward  to  fill  the  vacancy. 
If  there  be  no  judge  of  election  present  at  the  time  fixed  for  opening 
the  polls,  such  of  the  electors  of  the  ward  as  may  then  be  present 
at  the  place  of  election  may  fill  the  place  of  such  judge  or  judges 
by  election  from  their  number;  and  the  judges  so  chosen  shall  have 
the  same  power  and  be  subject  to  the  same  penalties  as  other  judges  of 
elections:  Provided,  That  all  the  judges  shall  not,  in  any  case,  be 
appointed  or  chosen  from  the  same  political  party  or  organization. 

Oath — vacancies.  §7.  The  judges  of  election  shall  appoint 
clerks,  when  necessary,  to  fill  vacancies,  and  the  judges  and  clerks 
shall  severally  take  an  oath  or  affirmation  in  the  following  form, 
to-wit : 

“ I do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support 
the  constitution  of  the  United  States  and  the  constitution  of  the  State  Of 
Illinois,  and  that  I will  faithfully  disharge  the  duties  of  the  office  of  judge  of 
election  (or  clerk,  as  the  case  may  be)  according  to  the  best  of  my  ability.” 

In  case  there  shall  be  no  judge  or  justice  of  the  peace  present  at 
the  opening  of  the  election,  it  shall  be  lawful  for  the  judges  of* 
electron  to  administer  the  oath  or  affirmation  to  each  other  and  to 
the  clerks  of  election,  and  the  person  administering  such  oath  or 


City  of  Danville. 


129 


affirmation  shall  cause  au  entry  thereof  to  be  made  and  subscribed 
by  him  and  prefixed  to  each  poll  book.  If  any  judge  or  clerk 
shall,  after  entering  upon  his  duties,  by  sickness  or  other  disability, 
become  unable  to  act,  another  may  be  appointed  in  his  place  by  the 
judges;  and  in  such  case  the  person  substituted  shall  take  and  sub- 
scribe the  oath  hereinbefore  prescribed,  and  the  substitution  of  such 
person  and  the  time  of  such  substitution  shall  be  noted  on  the  poll 
books. 

Ballot  boxes,  voting  booths,  etc.  .§  8.  The  city  clerk  shall 
provide,  at  the  expense  of  the  city,  a sufficient  number  of  ballot 
boxes  and  voting  booths  for  the  several  voting  precincts.  There 
shall  be  an  opening  in  the  lid  of  each  ballot  box,  not  larger  than  is 
sufficient  to  admit  a single  closed  ballot  to  be  inserted  therein  at  one 
time,  through  which  each  ballot  voted  shall  be  put  into  the  box. 
The  voting  booths  shall  in  all  respects  be  constructed  in  conformity 
to  and  shall  be  supplied  with  all  the  necessary  conveniences  pro- 
vided for  in  the  statutes  of  the  State  of  Illinois  relating  thereto. 

Ballots,  poll  books  and  blanks.  § 9.  The  city  clerk  shall 
also  provide,  at  the  expense  of  the  city,  all  ballots  to' be  used  at  any 
election,  and  all  proper  poll  books,  blanks  and  other  necessary 
stationery  for  each  precinct  in  the  city,  and  cause  a suitable  number 
thereof  to  be  delivered  to  the  judges  of  election  at  least  two  days 
before  the  day  of  such  election.  Said  ballots,  poll  books  and  blanks 
shall  be  prepared  by  said  clerk,  printed  and  distributed  in  every 
respect  in  strict  accord  with  the  provisions  of  an  Act  of  the  General 
Assembly  of  the  State  of  Illinois,  entitled,  “Au  Act  to  provide  for 
the  printing  and  distribution  of  ballots  at  public  expense,  and  for 
the  nomination  of  candidates  for  public  offices,  to  regulate  the  man- 
ner of  holding  elections  and  to  enforce  the  secrecy  of  the  ballot.” 
[Approved  June  22,  1891;  in  force  July  1, 1891.] 

Time  of  opening  and  closing  polls.  § 10.  The  polls  shall 
be  opened  at  the  hour  of  seven  o’clock  in  the  morning  and  continued 
open  until  five  o’clock  in  the  afternoon  of  the  same  day,  at  which 
time  they  shall  be  closed;  but  if  the  judges  shall  not  attend  at  the 
hour  of  seven  o’clock  in  the  morning,  or  if  it  shall  be  necessary  for 
the  electors  present  to  appoint  judges  to  conduct  the  election,  the 
polls  shall,  in  that  case,  be  opened  as  soon  after  seven  o’clock  in  the 
morning,  as  may  be. 

Proclamation  to  be  made  before  polls,  etc.  § 11.  Upon 
opening  the  polls,  one  of  the  judges  or  clerks  of  election  shall  make 
proclamation  of  the  same,  and  at  least  thirty  minutes  before  the 


130 


Ordinances  of  the 


closing  of  the  polls  proclamation  shall  be  made  in  like  manner  that 
the  polls  will  be  closed  at  five  o’clock. 

Ballot  box  to  be  opened  and  exhibited.  § 12.  Before  any 
ballot  shall  be  deposited  in  the  ballot  box,  the  ballot  box  shall  be 
publicly  opened  and  exhibited,  and  the  judges  and  clerks  shall  see 
that  no  ballot  is  in  such  box,  after  which  the  box  shall  be  locked 
and  the  key  delivered  to  one  of  the  judges,  and  shall  not  be  again 
opened  for  any  purpose  until  the  polls  are  closed. 

General  election  law  applicable.  § 13.  The  manner  of 
conducting  such  election  and  the  voting  thereat,  the  keepingof  the  poll 
lists  and  the  canvassing  of  the  votes  by  the  judges  thereof  shall  be 
the  same,  as  nearly  as  may  be,  as  in  the  case  of  the  election  of  county 
officers  under  the  general  election  laws  of  this  state. 

Canvassing  votes  and  making  returns.  §14.  Immediately 
upon  closing  the  polls,  the  judges  shall  proceed  to  canvass  the  votes 
polled.  They  shall  first  count  the  whole  number  of  ballots  in  the 
box.  If  the  ballots  shall  be  found  to  exceed  the  number  of  names 
entered  on  each  of  the  poll  lists,  the  judges  shall  reject  the  ballots, 
if  any  be  found,  which  have  not  the  official  endorsement  thereon. 
If  the  number  of  ballots  still  exceeds  the  number  of  names  entered 
on  each  of  the  poll  lists,  they  shall  be  replaced  in  the  box,  and  the 
box  closed  and  well  shaken  and  again  opened,  and  one  of  the  judges 
shall  publicly  draw  out  as  many  ballots,  unopened,  as  shall  be  equal 
to  such  excess.  The  ballots  which  shall  be  so  drawn  out  as  excessive 
shall  be  separately  marked  as  * excess  ballots,”  and  inclosed  in  an 
envelope,  securely  sealed  and  marked  “ excess  ballots,”  and  returned 
in  the  same  manner  as  “ defective”  or  “ objected  to”  ballots  are 
required  to  be  returned.  After  the  ballots  and  poll  lists  have  been 
found  or  made  to  agree,  the  board  shall  proceed  to  count  the  votes. 
Ballots  not  counted  shall  be  marked  “ defective”  on  the  back 
thereof,  and  ballots  to  which  objection  has  been  made  by  either  of 
the  judges  or  challengers  shall  be  marked  “ objected  to”  on  the 
back  thereof,  and  a memorandum  signed  by  the  judges,  stating  how 
it  was  counted,  shall  be  written  upon  the  back  of  each  ballot  so 
marked,  and  all  ballots  marked  a defective”  or  “ objected  to”  shall 
be  inclosed  in  an  envelope,  securely  sealed  and  so  marked  and 
endorsed  as  to  clearly  disclose  its  contents,  and  shall  be  returned  to 
the  city  clerk.  When  all  the  ballots  shall  have  been  canvassed,  the 
clerk  shall  announce  to  the  judges  the  total  number  of  votes  received 
by  each  candidate.  Each  judge  of  election  in  turn  shall  then  proclaim, 
in  a loud  voice,  the  total  number  of  votes  received  by  each  of  the  per- 
sons voted  for  and  the  office  for  which  he  is  designated,  and  the 


City  of  Danville. 


131 


number  of  votes  for  and  the  number  of  votes  against  any  proposition 
which  shall  have  been  submitted  to  a vote  of  the  people.  Immedi- 
ately after  making  such  proclamation,  and  before  separating,  the 
judges  shall  fold  in  two  folds  and  string  closely  upon  a single  piece 
of  flexible  wire  all  ballots  which  have  been  counted  by  them,  except 
ballots  marked  “ objected  to,”  unite  the  ends  of  such  wire  in  a firm 
knot,  seal  the  knot  in  such  manner  that  it  cannot  be  untied  without 
breaking  the  seal,  inclose  the  ballots  so  strung  in  an  envelope,  with 
official  wax-impression  seals,  to  be  provided  by  the  judges,  in  such 
manner  that  it  cannot  be  opened  without  breaking  the  seals,  and 
one  of  such  judges  shall  return  said  ballots,  together  with  the  package 
containing  the  ballots  marked  “ defective  ” or  “ objected  to,”  in  such 
sealed  package  or  envelope,  to  the  city  clerk  of  the  city  of  Danville 
within  two  days  after  such  election.  Said  package  shall  be  endorsed, 
“ Election  returns, Ward.” 

Disposition  of  ballots.  § 15.  The  city  clerk  shall  safely 
and  securely  keep  and  preserve  all  ballots  which  shall  be  returned 
to  him  by  the  judges  of  election  for  the  space  of  six  monfhs  after 
the  same  have  been  returned  to  him.  At  the  expiration  of  such  six 
months,  the  city  clerk  shall  destroy  all  such  ballots  by  burning, 
without  previously  opening  the  packages  or  envelopes,  in  the  pres- 
ence of  the  said  clerk  and  two  electors  of  approved  integrity  and 
good  repute,  and  members,  to  be  designated  by  the  county  judge  of 
Vermilion  county,  respectively  of  the  two  leading  political  parties: 
Provided , That  if  any  contest  of  the  election  of  any  officer  voted  for 
at  such  election  shall  be  pending  at  the  expiration  of  said  time,  the 
said  ballots  shall  not  be  destroyed  until  such  contest  is  finally  deter- 
mined. 

Penalty  for  failing  to  make  returns.  § 16.  If  any  judge 
of  election  chosen  to  deliver  the  returns  and  ballots  to  the  city  clerk 
shall  not  deliver  the  same  safelv,  with  the  seal  'unbroken,  within 
two  days  after  the  election,  he  shall  be  subjected  to  a fine  of  not  less 
than  fifty,  nor  more  than  two  hundred  dollars.  The  city  clerk  shall 
be  subject  to  a like  penalty  if  he  fails  to  deliver  the  same  to  the  city 
council  in  the  same  condition. 

Canvassing  returns  by  council.  § 17.  When  the  election 
returns  from  all  the  wards  shall  be  filed  with  the  city  clerk  he  shall, 
without  delay,  notify  the  mayor,  who  shall  immediately  convene 
the  council,  and  the  council  shall  then  proceed  to  open  and  canvass 
the  returns  from  each  ward,  and  when  finished  shall  declare  the 
result,  and  the  clerk  shall  enter  the  same  in  full  on  the  journal  of 
proceedings,  naming  every  person  voted  for,  the  number  of  votes 
he  received  and  for  what  office  the  persons  elected. 


132 


Ordinances  of  the 


Tie  vote — casting  lots.  § 18.  The  person  having  the 
highest  number  of  votes  for  any  office  shall  be  declared  elected ; 
when  two  or  more  persons  receive  an  equal  number,  and  the  highest 
number  of  votes  for  any  office,  the  city  council  shall  cause  the  city 
clerk  to  issue  a notice  to  such  persons  of  such  tie  vote,  and  require 
them  to  appear  before  the  city  council  on  a day  and  at  a time  named 
in  the  notice,  within  ten  days  from  the  day  of  election  and 
determine  by  lot  in  the  presence  of  the  city  council,  which  of  them 
is  to  be  declared  elected  ; and  on  the  day  and  at  the  time  appointed, 
the  city  council  shall  proceed  to  determine  the  same  by  lot  in  their 
presence,  in  the  manner  following  : There  shall  be  placed  in  a 
ballot  box  as  many  folded  ballots  as  there  are  persons,  having  an 
equal  and  the  highest  number  of  votes;  on  one  of  the  ballots  the 
name  of  the  office  for  which  the  candidates  were  voted  for  shall  be 
written,  and  the  other  ballots  shall  have  some  other  words  written 
upon  them.  The  candidates  shall  each  draw  one  ballot,  and  the 
candidate  drawing  the  ballot  on  which  the  name  of  the  office  is 
written  shall  be. declared  elected.  If  any.  candidate  shall  be  absent 
or  refuse  to  draw  a ballot,  the  mayor  shall  appoint  one  of  the 
aldermen  elected  to  draw  for  such  candidate. 

Notice  to  persons  elected,  etc.  § 19.  The  city  clerk  shall, 
within  five  days  after  any  person  is  declared  elected  to  any  office 
by  the  city  council,  notify  him  in  writing  of  his  election,  naming 
the  office  for  which  he  has  been  declared  elected,  and  requesting 
him  to  qualify  within  ten  days  after  such  notice,  and  unless  such 
person  shall  qualify  in  ten  days  after  such  notice  the  office  shall 
become  vacant. 

Failure  to  elect — new  election.  § 20.  If  at  any  election 
there  is  a failure  to  elect  any  officer  required  to  be  elected  by  or  in 
pursuance  of  law,  or  if  the  person  declared  elected  should  fail  to 
qualify,  or  should* be  ineligible  to  the  office  because  of  any  legal 
disqualification,  the  city  council  may  forthwith  order  and  call  a new 
election  therefor. 

Order  to  be  preserved  at  polls.  § 21.  The  city  marshal 
and  all  other  police  officers  shall  attend  at  all  elections  for  the  pur- 
pose of  maintaining  order  and  keeping  the  peace.  The  judges  shall 
maintain  order  at  the  polls,  and  may  command  any  police  officer  in 
attendance  to  arrest  any  person  who  shall  disturb  the  peace  by  riotous 
or  disorderly  conduct.  Any  person  who  at  the  polls  shall  break  or 
disturb  the  peace,  or  conduct  himself  in  a riotous  or  disorderly 
manner,  shall  be  subject  to  a penalty  not  exceeding  twenty-five 
dollars. 


City  of  Danville. 


133 


Dramshops  to  be  closed.  § 22.  No  spirituous,  malt,  vinous 
or  intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor  shall 
any  saloon  or  barroom  or  place  where  such  liquor  is  sold  or  given 
away  be  open  upon  any  general  or  special  election  day  in  said  city. 
Whoever  violates  the  provisions  of  this  section  shall  be  lined  in  a 
sum  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars. 

Contesting  election  of  aldermen.  § 23.  The  election  of 
any  alderman  may  bfe  contested  by  any  elector  of  the  city  of  Dan- 
ville, and  the  proceedings  shall  be  in  the  manner  hereinafter  pro- 
vided, as  nearly  as  may  be.  The  city  council  shall  be  the  tribunal 
• before  which  such  contest  may  be  heard,  and  its  decision  thereon 
shall  be  final. 

Statement  of  contest — copy  to  be  served,  etc.  § 24. 
When  any  person  shall  desire  to  contest  the  right  of  another  to  hold 
the  office  of  alderman  in  said  city,  he  shall,  within  thirty  days  after 
the  person  whose  election  is  contested  is  declared  elected,  file  with 
the  city  clerk  a statement  in  writing,  setting  forth  the  points  on 
which  he  will  contest  such  election,  which  statement  shall  be  verified 
by  affidavit  Upon  filing  such  statement,  such  contestant  shall  also 
serve  a copy  thereof  upon  the  person  whose  election  he  intends  to 
contest,  and  in  case  such  person  is  absent  from  the  city,  concealed, 
or  cannot  be  found,  then  by  leaving  a copy  of  the  statement  at  his 
usual  place  of  residence. 

Taking  testimony.  § 25.  Whenever  said  statement  shall  have 
been  filed,  and  a copy  thereof  served  as  aforesaid,  it  shall  be  the 
duty  of  the  city  council,  upon  the  request  of  either  party,  to  meet 
and  fix  the  time  and  place  for  taking  the  depositions  of  witnesses,  at 
which  time  the  contestant  shall  begin  the  taking  of  his  testimony,  and 
continue  the  same  from  day  to  day  thereafter  until  all  his  testimony 
shall  have  been  taken.  When  the  contestant  shall  have  concluded  the 
taking  of  his  testimony,  the  contestee  shall  proceed  to  take  his  testi- 
mony in  the  same  manner  ; and  the  contestant  shall  be  allowed  to 
rebut  the  testimony  of  contestee.  Such  testimony  shall  be  taken  in 
the  same  manner  as  is  provided  by  law  for  taking  depositions  to  be 
used  in  cases  in  chancery. 

Time  for  filing  proof  with  clerk.  § 26.  In  all  cases  of 
such  contested  elections,  the  proof  shall  be  taken  and  filed  with  the 
clerk  within  sixty  days  from  the  taking  of  the  same ; but  the  city 
council  may,  upon  sufficient  cause  shown,  extend  the  time.  No 
testimony  shall  be  taken  or  be  produced  on  the  hearing  of  the  con- 


134 


Ordinances  of  the 


test  before  the  city  council,  except  upon  the  points  set  forth  in  the 
statement  filed  by  the  contestant,  and  served  upon  the  contestee. 

Hearing  contest  by  council — decision.  § 27.  When  all 
the  evidence  shall  have  been  taken  as  aforesaid,  the  same  shall  be 
forthwith  filed  in  the  office  of  the  city  clerk,  who  shall  lay  the  same 
before  the  city  council,  and  the  council  shall,  without  delay,  refer 
the  same  to  some  appropriate  committee  to  examine  and  report 
thereon.  Upon  such  report  being  made,  the  city  council  shall  hear 
the  case,  and  may  require  all  the  testimony  and  proofs  taken  to  be 
read  in  open  council,  and  shall,  by  a majority  vote,  upon  the  call  of 
the  “ yeas  ” and  “ nays/7  declare  as  elected  the  person  who  shall 
appear  by  the  evidence  to  be  legally  entitled  to  the  seat  in  the 
council  as  such  alderman;  and  the'  clerk  shall  enter  such  decision 
and  declaration  upon  the  journal  of  the  city  council. 

Opening  and  counting  ballots.  § 28.  In  all  cases  of  con- 
tested elections,  the  parties  to  such  contest  shall  be  entitled  to  have 
the  package  or  packages  of  ballots  which  have  been  returned  to  the 
city  clerk  pursuant  to  law  opened  in  the  presence  of  the  committee 
of  the  city  council,  and  in  the  presence  of  the  city  clerk,  the  custo- 
dian thereof,  and  to  have  said  ballots  inspected  or  counted  ; or  the 
same  may  be  brought  into  open  council,  and  then  and  there  inspected 
or  counted  by  the  council  or  a committee  appointed  for  that  purpose. 


CHAPTER  XV. 

FEES  AND  SALARIES. 

Section. 

1.  Mayor’s  salary. 

2.  Compensation  of  aldermen. 

3.  Corporation  counsel’s  salary. 

4.  City  attorney’s  salary. 

5.  City  treasurer’s  salary. 

6.  City  clerk’s  salary. 

7.  City  engineer’s  salary. 

8.  Compensation  of  marshal  and  police. 

9.  Salaries  of  members  of  fire  department. 

10.  Compensation  of  city  collector. 

Mayor’s  salary.  § 1.  The  mayor  of  the  city  of  Danville  shall 
receive  an  annual  salary  of  five  hundredjdollars,  payable  in  quarterly 
installments. 


City  of  Danville. 


135 


Compensation  of  aldermen.  § 2.  The  aldermen  of  said  city 
shall  each  receive  for  his  services  the  sum  of  two  dollars  per  night 
for  each  meeting  of  the  council  actually  attended  by  him,  payable 
quarterly. 

Corporation  counsel.  § 3.  The  corporation  counsel  of  said 
city  shall  receive  an  annual  salary  of  six  hundred  dollars,  payable 
in  quarterly  installments. 

City  attorney’s  salary.  § 4.  The  city  attorney  shall  receive 
an  annual  salary  of  four  hundred  dollars,  payable  in  quarterly 
installments.  In  addition  to  said  sum,  said  city  attorney  shall 
receive  one-fourth  of  all  the  fines  imposed  and  collected  for 
violation  of  city  ordinances,  in  cases  where  said  city  attorney  shall 
personally  attend  the  trial  and  prosecute  the  case. 

Salary  of  city  treasurer.  § 5.  The  city  treasurer  shall 
receive  as  his  salary  the  sum  of  four  hundred  and  twenty  dollars 
per  annum,  payable  in  monthly  payments  of  thirty-five  dollars. 

* Salary  of  city  clerk.  § 6.  The  city  clerk  shall  receive  an 
annual  salary  of  eight  hundred  and  forty  dollars,  payable  in  monthly 
installments  of  seventy  dollars. 

Salary  of  city  engineer.  § 7.  The  city  engineer  shall  receive 
an  annual  salary  of  twelve  hundred  dollars,  payable  in  monthly 
installments  of  one  hundred  dollars. 

Compensation  of  marshal  and  police.  § 8.  The  city  mar- 
shal shall  receive  a salary  of  one  thousand  dollars,  payable  in  equal 
monthly  installments. 

The  night  captain  of  the  police  shall  receive  a salary  of  seventy- 
five  dollars  per  month,  and  each  policeman  shall  receive  a salary  of 
sixty  dollars  per  month,  payable  monthly:  Provided , That  the 
turnkey  shall  receive  only  fifty-five  dollars  per  month. 

Salaries  of  members  of  the  fire  department.  § 9.  The 
salaries  of  the  several  members  of  the  fire  department  shall  be  as 
follows : 

The  chief  of  fire  department  shall  receive  one  thousand  dollars 
per  annum,  payable  in  equal  monthly  installments,  and  each  mem- 
ber of  the  fire  department  shall  receive  fifty-five  dollars  per  month, 
payable  monthly. 

Compensation  of  city  collector.  § 10.  The  city  collector 
of  special  taxes  shall  receive  as  compensation  for  all  services  ren- 
dered, one  per  cent,  on  all  special  taxes  collected  and  paid  into  the 
city  treasury  by  him. 


136 


Ordinances  of  the 


CHAPTER  XYI. 


FIRE  LIMITS  AND  FIRE  DEPARTMENT. 

Section. 

1.  Boundaries  of  fire  limits. 

2.  Permits  for  buildings.  _ , 

3.  Character  of  buildings  in  fire  limits. 

4.  No  wooden  buildings  allowed  in  fire  limits. 

5.  Removal  of  wooden  buildings. . 

6.  Wooden  building  defined. 

7.  Wooden  building  declared  a nuisance — abatement. 

8 Damaged  buildings  to  be  removed. 

9.  Procedure  for  condemnation  of  building. 

10.  Removal  of  damaged  building — penalty. 

11.  Penalty  for  violating  ordinance. 

12.  Stovepipes — chimneys — hearths. 

13.  Hot-air,  water  and  steam  furnaces. 

14.  Boiler  houses  and  boiler  rooms. 

15.  Penalties  for  violating  sections  13  and  14. 

16.  Shavings,  stoves,  fires,  lights,  etc.,  in  shops. 

17.  Lights  in  barns,  etc. 

18.  Carrying  fire,  etc. 

19.  Deposit  of  ashes. 

20.  Burning  straw — bonfires.  ' ' , ' 

21.  Boiling  pitch,  tar,  etc. 

22.  Fire  in  building — outdoor  fires. 

23.  Burning  out  chimneys. 

34.  Scattering  shavings,  etc. 

25.  Spittoons. 

26.  Fire  wardens,  etc. 

27.  Exits  to  theatres  hereafter  constructed. 

28.  Exits  and  ladders  to  theatres  now  built. 

29.  Procedure  to  enforce  construction  of  exits  and  placing  the  ladders. 

30.  Powder. 

31.  Planing  mills — lumber  yards — a nuisance. 

32.  Application  of  chapter  from  section  12  to  32. 

FIRE  DEPARTEENT. 

33.  Members  of  fire  department. 

34.  Duties  of  chief  of  fire  department. 

35.  Duties  of  members  of  the  fire  department — removal — turnkey. 

36.  Bystanders  subject  to  orders  of  chief,  etc. 

37.  Breaking  apparatus. 

38.  Driving  vehicle  over  hose. 

39.  Locomotive  or  cars  running  over  hose. 

40.  Throwing  water  on  persons,  etc.,  unnecessarily.. 

41.  Absence  of  chief. 

42.  Vehicles  obstructing  street  at  fire. 


Boundaries  of  fire  limits.  § E All  that  part  of  the  said 
city  embraced  within  the  following  described  boundaries  is  hereby 
fixed  and  established  as  the  fire  limits  of  said  city,  viz  : Commencing 


City  of  Danville. 


137 


at  a point  on  the  east  side  of  Gilbert  street  one  hundred  and  fifty 
feet  north  of  the  north  line  of  Main  street,  running  thence  east  on 
a line  parallel  with  said  Main  street  to  the  east  line  of  Pine  street; 
thence  north  along  the  east  line  of  Pine  street  to  a point  one  hundred 
and  fifty  feet  north  of  the  north  line  of  North  street;  thence  east 
to  the  east  line  of  Walnut  street ; thence  north  to  the  south  line  of 
Madison  street;  thence  east  to  the  east  line  of’  Hazel  street;  thence 
south  to  a point  one  hundred  and  fifty  feet  north  of  the  north  line 
of  North  street;  thence  east  to  the  east  line  of  the  right  of  way  of 
the  Wabash  railroad ; thence  in  a southwesterly  course  along  the 
east  boundary  line  of  said  right  of  way  to  the  Vermilion  river; 
thence  up  the  channel  of  said  river  to  a point  opposite  the  east  line 
of  Gilbert  street  extended  ; thence  along  the  east  line  of  said  Gilbert 
street  to  the  aforesaid  point  of  commencement. 

Permits  for  buildings  in  the  fire  limits.  § 2.  No  building 
of  any  kind  shall  hereafter  he  erected  within  the  aforesaid  fire  limits 
without  a permit  therefor,  issued  as  herein  prescribed.  Any  person 
desiring  to  erect  any  building  or  structure  within  the  aforesaid  fire 
limits,  shall,  before  commencing  to  erect  the  same,  submit  to  the 
city  engineer  the  plans  and  specifications  for  such  proposed  building 
or  structure.  And  it  shall  be  the  duty  of#  said  city  engineer  to 
examine  the  same  and  ascertain  whether  the  same  complies  with  the 
ordinances  of  the  city  ; and  if  the  same  are  found  to  be  in  conformity 
with  such  ordinances,  then,  the  said  city  engineer  shall  isssue  to  the 
owner,  the  architect,  contractor  or  other  person  in  charge  of  such 
construction  and  making  such  application,  a permit,  authorizing  the 
construction  of  such  building  or  structure  in  accordance  with  such 
plans  and  specification.  And  neither  the  owneV,  architect,  contractor 
or  agent  of  any  such  building  shall  make  any  departure  from  such 
plans  and  specifications  in  the  construction  of  the  outside  or  party 
walls  or  roof,  thereby  increasing  the  liability  of  such  building  to  take 
fire  or  -burn  ; any  person  so  doing  shall  forfeit  all  rights  under  such 
permit  and  the  same  shall  become  null  and  void.  Any  owner, 
agent,  architect  or  contractor,  or  other  person,  engaged  in  the 
erection  of  any  such  building  contrary  to  the  provisions  of  this 
section,  or  any  of  them,  shall  be  subject  to  a fine  of  not  less,  than 
ten  dollars,  nor  more  than  two  hundred  dollars. 

Character  of  buildings  in  fire  limits.  § 3.  No  building  or 
structure  of  any  kind  or  description  shall  be  erected  or  constructed 
within  the  fire  limits  of  said  city,  unless  the  outside  or  party  walls 
thereof  shall  be  composed  entirely  of  brick,  stone,  iron  or  other 


138 


Ordinances  of  the 


incombustible  material ; and  the  said  walls  shall  be  not  less  than 
nine  inches  thick  in  all  buildings  of  one  story  in  height ; in  buildings 
of  two  stories  in  height  such  walls  shall  not  be  less  than  thirteen 
inches  thick  ; and  if  any  building  shall  be  more  than  two  stories  in 
height,  the  outside  Avails  of  the  stories  above  the  second  shall  not  be 
less  than  nine  inches  in  thickness.  The  stories  herein  referred  to 
are  those  above  the  basement.  The  cornices,  Avindow  caps  and  sills 
of  all  such  buildings  shall  be  composed  of  iron,  stone,  brick  or  t>ther 
incombustible  material.  The  roof  shall  be  covered  Avith  iron,  tin,  or 
slate : Provided , that  felt,  tar  or  other  composition  roofing  may  be 
allowed,  if  such  felt  shall  be  covered  Avith  distilled  roofing  cement, 
or  other  equally  non-inflamable  material,  and  well  covered  Avith 
gravel,  or  other  non-combustible  material. 

No  AVOODEN  BUILDINGS  ALLOAVED  IN  FILE  LIMITS.  § 4.  No 
Avooden  building  or  wooden  part  of  building  within  the  aforesaid  fire 
limits  shall  be  raised,  enlarged,  remodeled,  or  repaired  .except  that 
the  OAvners  of  such  buildings  may  raise  the  same  to  a height  not 
exceeding  three  feet  above  the  established  grade  of  any  adjacent 
street,  by  putting  a brick  or  stone  foundation  Avail  under  such  v 
building  so  raised  to  the  grade  of  such  adjacent  street ; Provided , 
that  the  owner  of  any  such  building  by  himself  or  agent,  shall  first 
obtain  a permit  from  the  city  engineer  in  the  manner  provided  in 
section  tAvo  of  this  chapter. 

Removal  of  wooden  buildings.  § 5.  No  wooden  building 
shall  be  removed  from  any  part  of  the  city,  whether  the  same  is 
Avithin  or  Avithout  the  said  fire  limits,  to  any  place  within  the  said 
fire  limits. 

Wooden  building  defined.  § 6.  The  term,  “Avooden  building,” 
used  in  this  chapter  of  this  ordinance  shall  be  understood  to  embrace 
and  mean  all  buildings,  tenements,  houses,  stables,  out  houses,  sheds 
and  structures  of  every  description  having  a ground  plan  covering 
over  fifty  square  feet  of  surface,  the  outer  walls  of  which  are  in 
whole  or  in  part  constructed  or  built  of  Avood,  whether  the  roof  of 
the  same  shall  rest  upon  the  Avails  thereof  or  upon  Avooden,  iron, 
brick  or  stone,  upright  posts  or  pillars,  and  that  all  sheds  or  other 
structures,  the  roofs  of  Avhich  shall  be  supported  directly  or  indirectly, 
by  Avooden  posts  or  other  fixtures  made  in  whole  or  in  part  of  Avood, 
whether  the  same  are  enclosed  or  not,  are  hereby  declared  to  be 
within  the  meaning  of  the  term,  ‘Avooden  building,’  as  used  in  this 
chapter. 


Wooden  buildings  declared  a nuisance — abatement.  § 7. 
Any  wooden  building  which  may  be  erected,  placed  or  repaired 
within  said  fire  limits  contrary  to  the  provisions  of  this  ordinance  is 
hereby  declared  to  be  a nuisance,  and  it  is  hereby,  made  the  duty  of 
the  mayor  to  notify  in  writing  the  owner,  occupant,  or  builder  of 
any  wooden  building  erected,  played  or  repaired  within  said  fire 
limits , contrary  to  the  provisions  of  this  chapter,  to  abate  such 
nuisance  within  forty-eight  hours  from  the  service  of  such  notice,  and 
in  case  such  owner,  occupant  or  builder  shall  fail  to  abate  such 
nuisance  within  the  time  specified  in  such  notice,  it  is  hereby  made  the 
further  duty  of  said  mayor  to  cause  such  nuisance  to  be  abated  by 
razing  such  wooden  building  to  the  ground. 

Damaged  buildings  to  be  removed.  § 8.  When  any  wooden 
building  within  said  fire  limits  shall  have  been  damaged  by  fire, 
decay  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  the  original 
value  of  the  same,  such  building  shall  be  torn  down  or  removed 
beyond  said  fire  limits,  after  the  extent  of  the  damages  thereto 
caused  as  aforesaid  has  been  ascertained  in  the  manner  hereinafter 
provided. 

Procedure  for  condemnation  of  building.  § 9.  Whenever 
any  member  of  the  city  council,  policeman,  member  of  the  fire 
department  or  citizen  shall  make  complaint  in  writing  to  the  police 
magistrate  that  any  wooden  building  within  such  fire  limits  has  been 
damaged  by  fire,  decay  or  otherwise  to  the  extent  of  fifty  per  cent, 
of  its  original  value,  describing  the  property  and  giving  the  owner’s 
name,  such  magistrate  shall  issue  a notice  to  such  owner,  embodying 
the  substance  of  such*  complaint,  commanding  such  owner  to  appear 
before  such  magistrate  at  a time  therein  specified  not  less  than  five 
nor  more  than  ten  days  from  the  date  of  such  notice,  and  at  the 
time  and  place  fixed  in  such  notice,  provided  that  the  return  of  such 
notice  shall  show  that  such  owner  had  been  served  with  said  notice 
by  reading  or  by  leaving  a copy  at  the  residence  of  such  owner 
three  days  before  the  time  fixed  for  the  hearing,  such  police  magistrate 
shall  impanel  a jury  of  twelve  disinterested  free  holders  of  the  city, 
who  after  being  duly  sworn  fairly  and  impartially  to  ascertain  if  the 
building  in  issue  shall  have  been  damaged  by  fire,  decay  or  otherwise, 
to  the  extent  of  fifty  per  cent,  of  its  original  value,  hear  the  evidence 
and  view  the  building  at  issue,  and  hearing  the  argument  of  counsel, 
and  bring  in  a verdict  according  to  the  facts  and  evidence ; and  in 
case  the  jury  find  a verdict  that  such  building  has  been  damaged  by 
fire,  decay  or  otherwise,  the  police  magistrate  shall  record  $ judgment 


140 


Ordinances  of  the 


and  direct  such  owner  to  remove  from  the  fire  limits  aforesaid  or 
tear  down  such  building  within  thirty  days  from  the  entry  of  such 
order ; and  that  in  case  of  the  default  of  such  owner  in  removing 
or  tearing  down  such  building  within  the  said  thirty  days  that  the 
city  marshal  of  the  city  shall  remove  or  tear  down  such  building, 
the  cost  or  expense  of  which  removal  or  tearing  down  shall  be 
charged  to  such  owner  and  if  not  paid  by  such  owner  the  same  shall 
be  collected  by  suit  in  the  name  of  said  city  against  such  owner. 
At  the  impaneling  of  such  jury  the  said  owner  and  the  prosecutor 
shall  have  a right  to  three  peremptory  challenges  each,  and  to 
challenge  any  juror  for  prejudice,  interest  or  any  other  just  cause. 
In  case  the  owner  of  any  such  building  shall  be  a non-resident  of 
this  county,  it  shall  be  sufficient  to  serve  the  notice  hereinbefore 
provided  for  upon  the  tenant  or  the  person  in  possession  of  said 
building  by  delivering  a true  copy  of  such  notice  to  him  not  less 
than  seven  days  before  the  day  set  for  such  hearing. 

Removal  of  damaged  buildings — penalty.  § 10.  When- 
ever any  building  has  been  ordered  to  be  torn  down  or  removed  in 
accordance  with  the  provisions  of  sections  8 and  9 of  this  chapter, 
and  the  owner  thereof  refuses,  neglects  or  fails  to  tear  down  or 
remove  the  same  within  thirty  days  from  the  date  of  the  entry  of 
such  order  upon  the  docket  of  the  magistrate,  then  such  person  shall 
be  fined  not  less  than  twenty  dollars  for  each  and  every  day  or  part 
of  a day  that  such  owner  may  permit  or  suffer  such  building  to 
remain  after  the  expiration  of  the  time  within  which  such  building 
was  ordered  and  adjudged  to  be  torn  down  or  removed. 

Penalty  for  violating  ordinance.  § 11.  Any  owner, 
builder  or  other  person  who  shall  own,  build  or  aid  in  the  erection 
of  any  building  or  part  of  building  within  said  fire  limits  contrary 
to  or  in  any  other  manner  than  that  authorized  by  the  provisions  of 
this  chapter  of  this  ordinance,  or  who  shall  remove  or  assist  in 
removing  any  wooden  building  within  said  limits  from  one  place  to 
another  place  therein,  or  who  shall  remove  or  assist  in  removing 
any  such  building  from  without  said  fire  limits  into  the  same,  or 
repair  or  assist  in  repairing  any  damaged  building  contrary  in  either 
case  to  any  provision  in  this  chapter  of  this  ordinance,  shall  be 
subject  to  a fine  of  not  less  than  twenty  dollars,  nor  more  than  two 
hundred  dollars  for  each  offense,  and  to  a like  fine  for  every  forty- 
eight  hours  such  person  shall  fail  to  comply  with  the  provisions  of 
this  chapter  of  this  ordinance,  or  continue  in  the  violation  thereof. 

Stovepipes — chimneys — hearths.  § 12.  All  stovepipes  shall 
be  securely  put  up,  so  as  not  to  be  in  danger  of  falling,  and  shall  be 


City  of  Danville. 


141 


separated  at  least  three  inches  from  any  wood  or  other  combustible 
materials  by  a double  circle  of  tin,  zinc  or  sheet- iron,  connected 
with  like  metal,  with  airholes  through  the  connecting  metal  between 
the  pipe  and  the  wood  or  stone  cylinder.  All  stoves  put  up  or  used 
without  secure  aprons  or  hearths  shall  be  placed  upon  a platform  of 
brick,  zinc  or  other  incombustible  material  extending  far  enough 
around  the  same  to  prevent  the  fire  from  falling  upon  the  floor,  and 
if  set  within  eighteen  inches  of  the  woodwork  of  any  wall  the  same 
shall  be  protected  with  zinc  or  other  incombustible  covering,  so  as 
effectually  to  prevent  fire  from  the  stove.  All  chimneys  or  flues 
shall  be  four  inches  thick,  built  of  brick  or  stone,  well  laid  in  mortar 
and  well  plastered  inside,  and  shall  be  constantly  kept  in  good  con- 
dition, so  as  to  be  safe  and  secure  against  fire.  Whoever  shall  put 
up,  erect  or  build  any  stove,  stovepipe,  chimney  or  flue  contrary  to 
the  requirements  of  this  section  shall  be  subject  to  a penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars;  and 
whoever  shall  use  any  such  stove,  stovepipe,  chimney  or  flue  so  put 
up  or  erected  contrary  to  the  requirements  of  this  section  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars,  and  one  dollar  in  addition  thereto  for  each  day 
the  same  may  be  used  after  notice  shall  have  been  given,  either 
verbally  or  in  writing,  by  the  mayor  or  any  alderman  or  the  city 
marshal  or  any  policeman  of  said  city  that  such  stove,  stovepipe, 
chimney  or  flue  is  put  up,  built  or  erected  contrary  to  the  provisions 
of  the  ordinances  of  said  city. 

Hot-air,  water  and  steam  furnaces.  § 13.  Hot-air,  hot- 
water,  steam  and  other  furnaces,  whether  brick  or  metal,  shall  be 
kept  at  least  ten  inches,  and  the  smoke-flue  at  least  twenty  inches 
off' from  any  unprotected  woodwork.  All  furnaces  shall  be  placed 
on  foundations  of  brick  or  stone,  or  other  non-combustible  material, # 
with  proper  hearths  of  like  material  at  least  twenty-four  inches  wide 
in  front  of  the  ashpit.  All  hot-air  conductors  that  are  placed  within 
ten  inches  of  any  woodwork  shall  be  made  double,  one  within 
another,  with  at  least  one-half  inch  space  between  the  two.  All 
hot-air  registers  shall  be  set  in  incombustible  borders  not  less  than 
two  inches  in  width.  All  such  borders  shall  be  firmly  set  in  plaster- 
of-paris.  Openings  in  floors  for  registers  shall  be  lined  with  bright 
tin  to  receive  the  register  boxes,  the  lining  to  be  kept  at  least  one 
inch  distant  from  such  register  box.  I.  C.  or  I.  X.  bright  tin  shall 
be  used  in  the  construction  of  all  hot-air  flues  and  their  appendages. 

Boiler  houses  and  boiler  rooms.  § 14.  The  woodwork  of 
all  boiler  houses  and  boiler  rooms  shall  be  kept  at  least  six  feet  from 


142 


Ordinances  of  the 


the  boiler,  and  four  feet  from  the  breeching  or  smoke  conductor, 
and  one  foot  from  the  dome  of  the  boiler,  unless  such  woodwork  is 
properly  protected  with  non-combustible  material,  and  then  there 
shall  be  at  least  two  feet  space  between  the  boiler  or  smokepipe  and 
the  protection. 

Penalties  for  violating  sections.  13  and  14.  § 15.  Any 

person  who  shall  violate  any  of  the  provisions  of  sections  13  and  14 
of  this  chapter  shall  be  fined  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars  for  each  offense,  and  shall  be  subject  to  a 
like  fine  for  every  day  he  shall  permit  such  violation  to  continue  and 
remain  upon  his  premises  after  having  been  once  convicted  on  account 
thereof. 

Shavings,  stoves,  fires,  lights,  etc.,  in  shops.  § 16.  All 
mechanics  or  other  persons  using  or  occupying  shops,  buildings  or 
places  where  shavings  or  other  like  combustible  materials  are  made 
or  accumulated  shall  clear  out  or  remove  such  combustible  materials 
from  the  buildings,  shops,  and  the  premises  adjacent  or  attached  thereto 
as  often  as  may  be  necessary  to  prevent  the  dangerous  accumulation 
thereof.  The  stove  or  stoves  used  in  any  such  shop  or  building  shall  be 
set  in  a box  or  frame  extending  at  least  six  inches  above  the  floor,  and 
at  least  eight  inches  around  and  outside  the  stove,  and  filled  or  lined 
with  lireproof  material.  All  lighted  candles  or  lamps  used  in  any 
such  shops  or  buildings  shall  be  set  in  a candlestick  or  stand  not 
liable  to  take  fire,  and  all  such  lights  shall  be  kept  at  a secure  dis- 
tance from  any  combustible  material.  No  person  shall  leave  any 
such  light  or  fire  burning  in  any  such  buildings  in  such  manner  or 
for  such  length  of  time  that  the  same  may  be  in  danger  of  communi- 
cating the  fire  to  any  part  of  such  shop  or  building  or  such  shavings 
or  other  combustible  material.  Whoever  shall  violate  any  of  the 
provisions;  of  this  section  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Lights  in  barns,  etc.  § 17.  No  person  shall  carry  or  use  any 
lighted  candle  or  lamp  or  fire  in  any  part  of  any  building  or  stable 
where  any  hay,  straw  or  other  like  combustible  materials  are  kept, 
without  securing  the  same  in  a lantern  or  some  secure  casing,  so  as 
not  to  endanger  the  taking  fire  thereby,  under  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Carrying  fire,  etc.  § 18.  No  person  shall  carry  from  one 
place  to  another  any  fire  or  live  or  burning  coals,  without  securing 
the  same  in  such  manner  as  to  prevent  the  coals  or  sparks  from 
falling  therefrom,  and  so  as  not  to  endanger  any  building  or  property 


City  of  Danville. 


143 


thereby,  under  a penalty  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars. 

Deposit  of  ashes.  § 19.  No  person  shall  keep  or  deposit  any 
ashes  in  any  building,  or  in  any  place  within  twenty  feet  of  any 
building,  shed  or  fence,  or  other  combustible  material,  unless  within 
a secure  and  covered  metallic  or  earthenware  or  other  fireproof 
vessel  or  in  a fireproof  ash-house,  under  a penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars;  and  all  soap 
boilers  or  other  persons  using  ashes  in  manufacture  in  any  wooden 
vessel  or  structure  shall  keep  them  well  dampened  or  saturated  with 
water,  under  a penalty  of  not  less  than  three  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

Burning  straw — bonfires.  § 20.  No  person  shall  set  fire  to  or 
burn  shavings,  straw  or  other  material  in  any  open  or  public  place  in 
the  city,  except  in  the  daytime,  nor  then  unless  the  condition  of  the 
wind  and  weather  be  such  that  such  fire  will  not  be  likely  to  endanger 
or  damage  any  building  or  other  property,  nor  within  thirty  feet  of 
any  building,  under  a penalty  of  not  less  than  three  dollars,  and 
not  exceeding  one  hundred  dollars : Provided , That  bonfires  may 
be  built  at  night  at  any  safe  and  proper  place  within  the  city  by 
consent  of  the  mayor. 

Boiling  pitch,  tar,  etc.  § 21.  No  person  shall  boil  any  pitch, 
resin,  tar  or  other  inflammable  liquor  or  substance,  except  within  a 
building  so  secured  as  not  to  be  endangered  if  such  pitch,  resin,  tar 
or  other  combustible  material  shall  take  fire,  or  in  any  open  place 
unless  at  least  twenty  feet  distant  from  any  building  or  property 
likely  to  be  endangered  or  damaged  thereby,  under  a penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Fire  in  building — outdoor  fires.  § 22.  No  person  shall 
make,  kindle  or  use  any  fire  in  any  building,  out-building,  shed  or 
other  structure,  except  within  a secure  fireplace,  stone  furnace  or 
other  fireproof  structure  made  for  that  purpose.  Nor  shall  any 
person  make,  kindle  or  use  any  fire  out  of  doors  within  twenty  feet 
of  any  building  or  other  property  likely  to  be  endangered  thereby, 
unless  within  a proper  stone  furnace  or  other  secure  structure,  nor 
leave  any  such  fire  burning.  Each  person  violating  the  provisions 
of  this  section  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars. 

Burning  out  chimneys.  § 23.  No  person  shall  set  fire  to  or 
burn  out  any  chimney,  flue  or  stovepipe  except  in  the  daytime,  nor 
then  when  wind  or  weather  may  be  such  as  to  endanger  other 


144 


Ordinances  of  the 


buildings  or  property,  and  the  person  or  persons  occupying  any 
building  shall  prevent  and  remove  all  dangerous  accumulations  of 
soot,  under  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars. 

Scattering  shavings,  etc.  § 24.  No  person  shall  trail,  strew 
or  leave  any  shavings  or  other  like  combustible  materials  in,  around 
or  near  any  building  or  propepty,  so  as  to  endanger  or  be  likely  to 
endanger  or  damage  the  same  thereby,  under  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Spittoons.  § 25.  Whoever  shall  use  any  box  or  other  vessel 
filled  with  any  sawdust  or  other  combustible  material  as  a spittoon 
shall  be  fined  not  less  than  one,  nor  more  than  twenty-five  dollars. 

Fire  wardens,  etc.  § 26.  The  mayor,  the  aldermen,  the  city 
marshal,  the  policemen  and  the  chief  of  the  fire  department  shall  be 
ex-officio  fire  wardens,  and  they  shall  have  power  and  authority  to 
enter  all  buildings  and  premises  to  examine  whether  they  are  in  a 
safe  condition,  and  shall  enforce,  or  cause  to  be  enforced,  all  the  pro- 
visions hereof,  and  shall  prosecute,  or  cause  sto  be  prosecuted,  all 
violations  of  the  provisions  hereof.  The  chief  engineer  or  one  of  the 
assistant  engineers  of  the  fire  department  shall,  whenever  requested 
by  the  city  marshal  or  the  mayor,  carefully  examine  any  or  all  build- 
ings within  the  city,  and  shall  notify  the  owner  or  owners,  occupant 
or  occupants  thereof  to  cause  any  chimney,  flue,  stove,  stovepipe, 
ash-house,  furnace  or  other  place  in  which  fire  may  be  kept  or  used, 
which  may  be  deemed  unsafe  or  dangerous,  or  any  other  cause  from 
which  immediate  danger  of  fire  may  be  apprehended,  or  which  may 
be  deemed  unsafe  or  dangerous  in  promoting  fires,  to  be  without 
delay  removed,  abated  or  placed  in  a safe  condition ; and  upon  the 
neglect  or  refusal  of  any  owner  or  occupant  to  comply  with  such 
notice  he  shall  be  subject  to  a penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars,  and  the  officer  shall,  without 
delay,  cause  such  buildings  or  premises  to  be  placed  or  put  in  a safe 
condition,  and  the  necessary  cost  of  so  doing  shall  be  collected  of  such 
owner  or  occupant,  and  recovered  by  suit  in  the  name  of  the  city 
before  any  court  having  jurisdiction. 

Exits  to  theatres  hereafter  constructed.  § 27.  Every 
theatre,  opera  house  or  public  hall,  with  accommodations  for  three 
hundred  or  more  people,  hereafter  erected  or  constructed  within  said 
city,  shall  have  at  least  two  separate  and  distinct  exits,  to  be  as  far 
apart  as  may  be  practicable.  The  exits  from  all  galleries  shall  be  inde- 


City  of  Danville. 


145 


pendent  of  and  separate  from  the  exits  of  the  main  floor.  All  of  said 
exits  and  the  stairways  leading  thereto  shall  in  no  case  be  less  than  five 
feet  in  width,  nor  aggregate  a less  proportion  than  twenty  inches  for 
each  one  hundred  persons  such  theatre  or  other  room  may  contain  or 
accommodate.  All  doors  of  such  buildings  shall  be  made  to  swing 
outward.  Any  person  violating  this  section  or  any  part  thereof  shall 
be  fined  not  less  than,  one  hundred  dollars,  and  ten  dollars  for  each 
day  he  shall  allow  such  violation  to  remain,  after  having  been  once 
convicted  hereunder. 

Exits  and  ladders  to  theatres  now  built.  § 28.  Any 
building  or  any  part  thereof  now  erected  and  now  used  or  hereafter 
used  as  a theatre,  opera  house,  or  public  hall,  with  accommodations 
for  three  hundred  or  more  people,  shall  have  at  least  two  separate 
and  distinct  exits  from  the  auditorium,  to  be  as  far  apart  as  may  be 
practicable,  both  of  which  can  be  used  for  the  egress  of  people  from 
the  auditorium  in  case  of  fire  or  accident.  Said  exits  shall  be  at 
least  five  feet  in  width,  and  shall  not  aggregate  a less  proportion  than 
twenty  inches  for  each  one  hundred  persons  such  theatre  or  other 
room  may  contain  or  accommodate.  If  such  theatre  or  other  room 
is  in  the  upper  stories  of  any  building,  such  building  shall  also  be 
provided  with  one  or  more  metallic  ladders  or  fire-escapes,  extending 
from  the  first  to  the  upper  stories  of  such  building,  to  be  placed  in 
such  location  and  of  such  number,  material  and  construction  as  may- 
be by  the  mayor  and  the  committee  on  fire"  and  water  of  the  city 
council,  or  a majority  of  them,  from  time  to  time  determined. 

Procedure  to  enforce  construction  of  exits  and  placing 
of  ladders.  § 29.  In  case  any  building  or  any  part  thereof  now 
or  hereafter  used  as  a theatre,  opera  house  or  public  hall  shall  not 
have  the  necessary  exits,  or  shall  not  be  supplied  with  suitable  or 
sufficient  metallic  ladders  or  fire-escapes,  as  in  the  preceding  section 
provided,  then  said  building  shall  be  examined  by  the  mayor  and  the 
said  committee  on  fire  and  water,  and  the  location  of  such  additional 
exits  and  ladders  or  escapes  shall  be  by  them  determined  ; and  upon 
such  determination  as  aforesaid  the  mayor  shall  immediately  serve, 
or  cause  to  be  served,  upon  the  owner,  lessee*  or  occupant  of  any 
such  theatre,  opera  house  or  public  room  a notice  in  writing,  by  copy, 
to  construct  sjich  exits  and  place  and  maintain  such  ladders  or  fire- 
escapes  within  thirty  days  after  the  date  of  the  service  of  such  notice. 
In  case  such  owner,  lessee  or  occupant,  so  served  with  said  notice  as 
aforesaid,  shall  not,  within  thirty  days  after  such  service  upon  him 
or  them,  construct  such  required  exits  and  place  such  required  ladders 
10 


146 


Ordinances  of  the 


upon  said  building  as  designated  in  such  notice,  he  or  they  shall  be 
lined  not  less  than  ten  dollars,  nor  more  than  two  hundred  dollars, 
and  shall  be  subject  to  a further  fine  of  fifty  dollars  for  each  week  of 
such  failure  to  comply  with  such  notice,  after  the  service  of  the  same  : 
Provided , The  mayor  may,  in  his  discretion,  extend  the  time  for 
such  person,  so  notified  as  aforesaid,  to  comply  with  such  notice, 
upon  good  and  sufficient  cause  being  shown  him,  for  a period  not 
exceeding  thirty  days  after  the  expiration  of  the  thirty  days  named 
in  said  notice. 

Powder,  § 30.  Whoever  shall  keep  or  cause  to  be  kept,  or 
knowingly  allow  his  premises  to  be  used  for  storing  more  than 
twenty-five  pounds  of  powder  within  the  city  limits,  within  one 
hundred  yards  of  a dwelling  or  storehouse,  shall  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding  one 
hundred  dollars. 

Planing  mills — lumber  yards — nuisance.  § 31.  There 
shall  not  be  hereafter  erected,  maintained,  built,  operated  or  used 
any  planing  mill,  sash,  door  or  blind  factory  or  chair  or  furniture 
factory,  or  lumber  yard,  wood  yard,  or  oil  mill  or  paper  mill  within 
the  aforesaid  fire  limits.  And  every  lumber  yard  now  established 
within  the  said  fire  limits  is  hereby  declared  to  be  a nuisance,  and 
the  city  authorities  shall,  at  the  earliest  practical  day,  provide  for 
the  abatement  of  such  nuisance  by  the  removal  of  all  lumber  yards 
now  established  within  said  fire  limits  beyond  the  fire-  limits  of  said 
city. 

Applications  of  chapter  from  section  12  to  32.  § 32.  All 

of  the  sections  of  this  chapter  after  and  including  section  12  shall 
apply  to  and  be  in  force  in  all  parts  of  said  city,  both  within  and 
without  the  fire  limits. 

FIRE  DEPARTMENT. 

Members  of  fire  department.  § 33.  The  fire  department  of 
the  city  of  Danville  shall  'consist  of  the  mayor,  committee  on  fire 
and  water,  a chief  of  fire  department,  one  engineer,  one  driver, 
four  hosemen,  the  turnkey  of  the  city  prison,  and  such  other 
persons  as  the  city  council  may  from  time  to  time,  by  ordinance 
provide. 

Duties  of  chief  of  fire  department.  § 34.  The  chief  of  the 
fire  department  shall  be  the  commanding  officer  of  the  department, 
subject  to  the  orders  of  the  mayor  and  also  the  city  council  when 


City  of  Danville. 


147 


in  session.  He  shall  have  charge  of  the  fire  hydrants  of  the  city, 
and  the  general  care  and  custody  of  the  engines,  hose  carts  and 
hose  horses,  trucks,  hooks  and  ladders,  fire  alarm  boxes  and  wires 
and  all  other  property  and  equipments  belonging  to  the  fire  depart- 
ment, and  he  shall  personally  attend  to  all  repairs  required  to  be 
made  upon  the  same.  He  shall  attend  all  fires  occurring  within  the 
city  and  take  command  of  the  organization  and  shall  see  that  the 
several  members  of  the  fire  department  faithfully  perform  their 
respective  duties.  With  the  concurrence  of  the  mayor,  he  may 
order  the  tearing  down  and  removal  of  any  building,  or  may  direet 
the  blowing  up  of  any  building,  when  in  either  case,  it  shall  be 
deemed  absolutely  necessary  to  check  the  progress  of  any  fire.  He 
shall  keep  in  a book  provided  for  that  purpose,  by  the  city,  a full 
and  accurate  record  of  all  the  property  and  equipments  of  the  fire 
department,  together  with  a record  of  all  fires  which  shall  occur 
within  the- city,  and  the  causes  thereof  so  far  as  known  and  the 
extent  of  the  loss  by  such  fire,  and  the  date  of  the  fire,  the  name 
of  the  owner  of  the  property  destroyed,  amount  of  insurance,  and 
such  other  information  as  he  may  deem  of  importance  to  the  city. 
At  the  close  of  each  fiscal  year  he  shall  make  a written  report  to 
the  city  council  showing  the  condition  of  the  department  under  his 
charge  and  a complete  statement  of  all  its  transactions  during  the 
current  year.  He  shall  also  visit  and  examine  all  places  reported 
to  him  by  any  reliable  person  as  being  liable  to  cause  or  occasion 
the  breaking  out  or  spread  of  fire  and  to  make  such  provision  in 
relation  thereto  as  the  protection  of  life  and  property  in  the  city 
may  require. 

Duties  of  members  of  the  fire  department — removal — 
turnkey.  § 35.  The  members  of  the  fire  department  shall  obey 
the  orders  and  directions  of  the  chief  of  the  fire  department : they 
shall  diligently  serve  the  city  in  all  things  pertaining  to  their 
employment ; they  shall,  when  directed  by  said  chief,  sleep  in  the 
rooms  provided  in  the  city  building  for  such  purpose,  and  be  ready 
at  all  times  to  respond  for  duty  in  case  of  fire.  They  shall  wear' 
such  uniform  or  insignia  of  office  as  may  be  provided  and  shall  at 
all  times  conduct  themselves  in  an  orderly  and  proper  manner.  For 
any  flagrant  breach  of  duty,  the  mayor  may  at  any  time  discharge 
any  member  of  the  force,  but  he  shall  report  his  action  to  the 
council,  with  his  reasons  therefor,  at  the  next  regular  meeting  of 
the  council,  occurring  after  such  discharge.  The  turnkey  at  the 
city  building  shall  not  be  required  to  perform  any  service,  except 
as  turnkey  and  pound  keeper,  except  in  case  of  fire  when  he  shall 
be  subject  to  the  orders  of  the  chief  of  the  fire  department. 


148 


Ordinances  of  the 


By-standers  subject  to  the  orders  of  the  chief,  etc.  § 36. 
Every  person  above  the  age  of  eighteen  years  present  at  any  fire  in 
the  city,  shall  be  subject  to  the  orders  of  the  chief  of  the  fire 
department  in  extinguishing  the  fire  and  in  removing  and  protecting 
property,  and  in  case  any  person  shall  neglect  or  refuse  to  obey 
such  orders,  he  shall  be  liable  to  a fine  of  not  more  than  twenty 
dollars  for  each  offense : Provided , that  no  person  not  a member  of 
the  fire  department  shall  be  bound  to  obey  the  orders  of  the 
chief  of  the  fire  department,  unless  such  chief  shall  wear  his  badge 
of  office  or  his  official  character  shall  otherwise  be  known  or  made 
known  to  such  person. 

Breaking  apparatus.  § 37.  Whoever  shall  willfully  break, 
deface  or  destroy  or  otherwise  injure  any  fire  apparatus  belonging  to 
the  city,  shall  be  subject  to  a penalty  of  not  less  than  twenty-five 
dollars  and  not  exceeding  one  hundred  dollars,  and  in  addition 
thereto,  the  expenses  that  may  be  incurred  in  repairing  the  injuries 
committed,  shall  be  added  to  the  penalty  and  form  a part  thereof. 

Driving  vehicle  over  hose.  § 38.  Whoever  shall  drive  any 
vehicle  over  any  hose  of  the  fire  department  laid  for  use  upon  any 
street,  alley,  or  public  ground,  except  at  a point  where  such  hose  is 
protected  by  wooden  railings  laid  along  side  thereof,  or  otherwise, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

Locomotive  or  cars  running  over  hose.  § 39.  Any  engineer 
in  charge  of  any  railroad  locomotive,  who  shall  run  any  locomotive 
or  any  car  or  cars  attached  thereto  over  any  hose  of  the  fire 
department  laid  for  use  over  or  across  any  railroad  track,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars,  and  the 
conductor  or  other  person  in  charge  of  any  such  car  or  train  of 
cars,  running  over  said  hose  as  aforesaid,  shall  be  subject  to  the 
same  penalty  as  the  engineer. 

Throwing  water  on  persons,  etc.,  unnecessarily.  § 40. 
Whoever  shall  willfully  or  unnecessarily  throw  any  stream  of  water 
from  any  fire  hose  upon  any  person  or  property  whether  at  a fire 
or  drill  of  the  department,  or  in  the  test  of  any  portion  of  the 
water  works  of  the  city,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  fifty  dollars. 

Absence  of  chief.  § 41.  The  chief  of  the  fire  department 
shall  not  absent  himself  from  the  city  without  permission  from  the 
mayor,  under  a penalty  of  not  less  than  five  dollars.  And  in  case 
of  his  absence  or  a-  vacancy  in  the  office  of  the  chief,  the  mayor 
shall  designate  some  member  of  the  fire  department  or  some  compe* 


City  of  Danville. 


149 


tent  citizen  as  the  acting  chief  of  the  fire  department,  who  shall 
possess  all  the  authority  and  power  of  the  officer  during  such 
temporary  appointment. 

Vehicles  obstructing  street  at  fire.  § 42.  Whoever  shall 
stop  with  any  wagon,  carriage  or  other  vehicle  in  the  street  at  any 
point  in  the  vicinity  of  a fire  so  as  to  obstruct  or  blockade  any  street 
or  alley,  shall  be  deemed  guilty  of  a misdemeanor  and  on  conviction 
thereof  shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty 
dollars. 


CHAPTER  XVII. 


HEALTH  DEPARTMENT. 


Section. 

1.  Health  commissioner. 

2.  Appointment  of  commissioner. 

3.  Duties  of  commissioner. 

4.  Assistant  commissioners  of  health. 

5.  Hospitals — nurses. 

6.  Removal  and  care  of  persons  with  contagipus  disease. 

7.  Notice  of  pestilence — penalty. 

8.  Reports  of  physicians — blanks. 

9.  Changing  wearing  apparel. 

10.  Spreading  of  smallpox. 

11.  Bringing  persons  or  clothing  infected  into  the  city. 

12.  Removal  of  infected  clothing — disposition  of  excrement,  etc. 

13.  Vaccination  of  persons. 

14.  Burial  permits. 

15.  Scavengers — permit  must  be  obtained. 

16.  Scavengers  to  make  report  to  commissioner. 

17.  Report  of  commissioner  of  health. 

18.  Payment  of  expenses. 

19.  Penalties. 

20.  Compensation  of  commissioner. 

21.  Present  commissioner  of  health  to  continue  in  office. 

Health  commissioner.  § 1.  There  is  hereby  created  the  office 
of  commissioner  of  health,  who  shall  have  the  management  of  all 
matters  and  things  pertaining  to  health  and  the  sanitary  condition 
of  the  city. 

Appointment  of  commissioner.  § 2.  At  the  first  regular 
meeting  in  May,  A.  D.  1893,  and  biennially  thereafter,  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  shall  appoint 
a competent  and  reputable  physician  of  the  city  of  Danville  as 


150 


Ordinances  of  the 


commissioner  of  health,  who  shall  hold  his  office  for  two  years  and 
until  his  successor  is  appointed  and  qualified.  Said  commissioner 
before  entering  upon  the  duties  of  his  office,  shall  execute  a bond  to 
the  city  of  Danville  in  the  penal  sum  of  two  thousand  dollars,  with 
sureties  to  be  approved  by  the  city  council  for  the  faithful  performance 
of  the  duties  of  his  office.  In  case  a vacancy  shall  occur  in  the  office 
of  commissioner  of  health,  by  death,  resignation,  removal  from  the 
city  or  from  other  cause,  the  vacancy  shall  be  filled  for  the  unexpired 
term  in  like  manner. 

Duties  of  commissioner.  § 3.  The  said  commissioner  of  health 
shall  have  charge  .of  all  matters  and  things  pertaining  to  the  public 
health.  He  shall  see  that  all  business  is.  conducted  with  due  regard 
to  the  public  health  and  shall  report*  to  the  mayor  or  city  council  all 
delinquencies  in  this  respect.  He  shall  cause  all  nuisances  to  be 
abated  or  removed  which  are  prejudicial  or  obnoxious  to  the  public 
health ; whenever  he  shall  learn  of  the  existence  of  any  contagious, 
pestilential  or  malignant  disease  in  the  city,  he  shall  take  all  necessary 
steps  to  arrest  its  progress.  He  shall  use  every  precaution  to  prevent 
the  introduction  and  spread  of  any  such  disease.  He  shall  at  least 
once  a month,  and  oftener  if  necessary,  personally  visit  and  inspect 
all  places  and  parts  of  the  city  which  he  may  deem  likely  to  create 
or  promote  the  spread'  of  any  such  disease  and  shall  take  all  necessary 
steps  to  put  such  place  or  part  of  said  city  in  a good,  sanitary 
condition.  He  shall  give  to  the  mayor  and  other  city  officers  all 
such  professional  advice  and  information  as  they  may  require  with  a 
view  to  the  preservation  of  the  public  health.  He  shall  enforce  all 
the  laws  of  the  state  and  the  ordinances  of  the  city  in  relation  to 
sanitary  regulations,  and  for  such  purposes  he  shall  be  permitted  at 
all  reasonable  hours  of  the  day  to  enter  into  any  store,  shop,  dwelling, 
stable  or  any  private  building  or  place  for  the  purpose  of  examining 
and  inspecting  the  same.  He  shall  cause  all  cellars,  privy  vaults, 
cesspools,  sinks  and  drains  to  be  kept  properly  cleansed  and  in  good 
condition,  or  to  abate  the  same;  he  shall  have  power  to  cause  all 
dead  animals  or  other  nauseous  or  unwholesome  things  or  substances 
to  be  removed,  burned  or  buried  as  he  may  direct.  He  shall  have 
power  to  do  all  things  lawful  and  necessary  for  the  preservation  of 
the  public  health. 

Assistant  commissioners  of  health.  § 4.  Whenever  any 
contagious,  pestilential  or  infectious  disease  is  prevalent  in  the  city 
of  Danville,  or  in  the  vicinity  thereof,  which  is  liable  to  become- 
epidemic  in  said  city,  the  mayor,  by  and  with  the  consent  of  the 


City  of  Danville. 


151 


city  council,  may  appoint  two  regularly  licensed  and  practicing 
physicians  as  assistants  to  the  said  cpmmissioner  of  health.  Said 
physicians  when  so  appointed  shall  render  all  aid  and  assistance 
within  their  power  to  the  commissioner  of  health,  and  shall  be  under 
his  direction  and  control,  and  shall  have  all  the  powers  given  to  the 
commissioners  of  health,  subject,  however,  to  the  directions  of  the 
commissioner  of  health.  In  all  cases  of  doubt  or  dispute  as  to  the 
existence  of  'any  such  contagious,  pestilential  or  infectious  disease  in 
any  house  or  place  within  the  said  city  of  Danville,  during  the  time 
when  said  assistant  commissioners  of  health  are  serving  as  such,  the 
said  commissioner  of  health  shall  call  to  his  aid  the  services  of  such 
assistants  and  the  decision  of  a majority  of  such  commissioners  shall 
be  conclusive  of  the  existence  or  non-existence  of  such  disease. 
Said  assistant  commissioners  shall  receive  as  compensation  for  their 
services  the  sum  of  twenty  dollars  per  month  for  such  time  as  they 
may  serve , Provided , however,  they  shall  not  be  paid  for  more  than 
two  months’  service  under  one  appointment,  except  by  special 
resolution  of  the  city  council.  Any  person  who  shall  neglect  or 
refuse  to  obey  the  orders  or  directions  of  such  assistant  commis- 
missioners,  or  either  of  them,  given  under  or  by  virtue  of  the 
ordinances  of  the  city  of  Danville  shall  be  subject  to  the  same 
penalty  which  is  or  may  be  prescribed  by  ordinance  for  a refusal  to 
obey  the  orders  of  the  commissioner  of  health. 

Hospitals — nurses.  § 5.  The  said  commissioner  of  health 
may,  whenever  the  preservation  of  the  public  health  of  the  city 
shall  render  it  necessary,  establish  such  temporary  hospitals  and 
provide  such  necessaries  therefor  as  the  public  exigency'  may 
require.  Said  commissioner  of  health  shall  be  authorized  to  employ 
competent  nurses  for  such  hospital  or  hospitals,  and  shall  see  that  all 
such  nurses  employed  by  him  shall  faithfully  perform  their  several 
duties.  All  the  necessary  expenses  attending  the  maintenance  of 
such  hospital  or  hospitals  shall  be  paid  for  by  the  city,  provided  that 
no  gratuitous  services  shall  be  rendered  to  persons  who  are 
pecuniarily  able  to  pay  for  such  services. 

Removal  and  ^are  of  persons  with  contagious  diseases. 
§ 6.  It  shall  be  the  duty  of  the  commissioner  of  health  to  visit  and 
examine  all  persons  within  the  city  who  are  reported  to  him  as 
laboring  or  supposed  to  be  laboring  under  any  contagious,  pestilential, 
malignant  or  infectious  disease,  and  if  he  shall  deem  it  necessary  so 
to  do,  shall  cause  such  person  so  laboring  under  any  such  contagious, 
pestilential,  malignant  or  infectious  disease  to  be  removed  to  some 


152 


Ordinances  of  the 


safe  and  proper  place  where  danger  from  contagion  will  be  avoided, 
and  shall  see  that  such  person  is  provided  with  ample  and  suitable 
medical  and  other  attendance  at  the  expense  of  such  person  if  he  .is 
able  to  pay  for  the  same,  and  if  not  able  to  pay  for  the  same,  then 
at  the  expense  of  the  city  : Provided , that  if  such  person  is  a 
resident  of  the  city  and  shall  refuse  to  be  removed,  and  if  his 
condition  is  such  that,  in  the  opinion  of  the  attending  physician, 
removal  would  be  attended  with  danger  to  his  life,  then,  such  measures 
shall  be  taken  by  said  commissioner  as  shall  be  deemed  most  advisable 
to  prevent  the  spreading  of  the  disease  with  which  such  person  is 
afflicted.  In  case  of  the  death  of  any  such  person  the  said 
commissioner  shall  direct  the  manner  of  interment. 

Notice  of  pestilence — penalty.  § 7.  If  any  person  in  said 
city  shall  have  the  small  pox,  scarlet  fever,  cholera,  diptheria,  or  any 
pestilential,  contagious  or  infectious  disease,  the  commissioner  of  health 
shall  cause  a notice,  written  or  printed  in  large  letters,  with  the  name 
of  such  disease,  to  be  placed  in  a conspicuous  place  upon  the  house 
■where  such  person  is  sick,  and  such  notice  shall  be  kept  posted  so 
long  as  directed  by  the  commissioner  of  health.  If  any  person  or 
persons  shall  deface,  alter,  mutilate,  cover  up,  tear  down  or  destroy 
such  notice,  without  permission  from  said  commissioner  of  health, 
such  person  or  persons  shall  be  liable  to  pay  a fine  of  not  less  than 
ten  nor  more  than  fifty  dollars  for  each  offense.  And  this  section*  of 
this  ordinance  shall  be  printed  upon  such  notice  so  required  to  be 
posted. 

Report  of  physicians.  § 8.  Every  practicing  physician  of  the 
city  of  Danville  who  shall  have  any  patient  therein  laboring  under 
any  contagious,  pestilential  or  infectious  disease  shall  forthwith  make 
report  thereof  in  writing  to  the  commissioner  of  health  stating  the 
name  and  describing  the  locality  of  such  patient,  so  he  may  be  easily 
found.  For  a neglect  or  failure  to  so  report,  such  physician  shall 
incur  a penalty  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense.  And  the  said  commissioner  of  health  shall 
constantly  keep  on  hands  all  necessary  blanks  for  the  furnishing  of 
such  information. 

Changing  wearing  apparel.  § 9.  Any  physician,  nurse  or 
servant  attending  or  being  about  any  person  having  the  smallpox 
or  like  infectious  disease,  who  shall  not  change  or  purify  his  wearing 
apparel  before  going  upon  any  street  or  into  any  public  place,  or 
shall  otherwise  conduct  himself  so  as  to  endanger  the  spreading  of 


City  of  Danville. 


* 


153 


the  disease,  shall,  for  each  and  every  such  offense,  be  liable  to  a fine 
of  not  less  than  five,  nor  more  than  fifty  dollars. 

Spreading  of  smallpox.  § 10.  Any  person  having  or  having 
had  the  smallpox  or  other  infectious  or  malignant  disease,  who  shall 
go  about  in  any  street  or  public  place  while  likely  to  give  the  disease 
to  others,  shall  be  fined  not  less  than  five,  nor  more  than  fifty  dollars 
for  each  offense. 

Bringing  person  or  clothing  infected  into  the  city.  §11. 
Whoever  shall  bring  into  said  city  any  person  having  the  smallpox 
or  other  like  infectious  or  contagious  disease,  or  any  clothing,  bed- 
ding or  other  article  or  thing  infected  with  smallpox  or  other  like 
infectious  disease,  shall,  upon  conviction,  be  fined  not  less  than 
twenty,  nor  more  than  one  hundred  dollars  for  each  offense. 

Removal  of  infected  clothing  from  city.  § 12.  It  shall 
be  the  duty  of  the  commissioner  of  health  to  cause  any  wearing 
apparel,  bedding  or  other  article  or  thing  which  he  may  deem  infect- 
ious or  likely  to  endanger  the  public  health  or  safety,  to  be  removed 
beyond  the  limits  of  the  city  and  judiciously  burned  and  destroyed. 
Said  commissioner  of  health  shall  have  power  to  make  all  necessary 
regulations  and  give  all  necessary  directions  for  the  disposal  of  all 
excrement  from  such  diseased  person,  and  for  the  disposal  of  all 
slops  resulting  from  the  care  of  such  patient. 

Vaccination  of  persons.  § 13.  The  commissioner  of  health 
shall  take  such  steps  as  he  may  from  time  to  time  deem  necessary 
to  prevent  the  spread  of  smallpox  by  issuing  an  order  requiring  all 
persons  in  the  city  needing  vaccination  to  be  vaccinated  within  such 
time  as  he  shall  prescribe ; and  all  persons  refusing  to  comply  with 
such  order  shall  be  fined  not  less  than  three,  nor  more  than  twenty 
dollars:  Provided , It  shall  be  the  duty  of  the  commissioner  of 
health  to  provide  for  the  vaccination  of  all  persons  unable  to  pay 
for  the  same. 

Burial  permits.  § 14.  No  dead  body  of  any  person  shall  be 
taken  from  said  city  for  interment  by  any  undertaker  or  other  person 
until  a permit  therefor  from  the  commissioner  of  health  shall  have 
been  granted,  nor  shall  any  sexton  or  other  person  having  charge  of 
any  cemetery  or  other  place  for  the  burial  of  the  dead  within  said 
city  receive  any  such  body  for  burial  unless  such  permit  shall  have 
been  granted.  Any  undertaker,  sexton  or  other  person  violating 
the  provisions  of  this  section  shall  be  fined  not  less  than  five,  nor 
more  than  fifty  dollars  for  each  offense. 


154 


Ordinances  of  the 


Scavengers — permit  must  be  obtained.  § 15.  No  person 
shall  engage  in  or  carry  on  the  business  of  cleaning  privy  vaults  or 
the  removal  of  other  filth  from  the  streets,  alleys  or  private  property 
in  said  city,  for  hire,  without  first  obtaining  a permit  so  to  do  from 
the  commissioner  of  health.  Any  person  who  shall  so  engage  in 
or  carry  on  said  business  without  first  having  obtained  said  permit 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars  for  each  olfense. 

Scavengers  to  make  reports  to  commissioner.  § 16.  All 
persons  who  shall  so  carry  on  or  engage  in  said  scavenger  business 
shall,  whenever  required  by  said  commissioner  of  health,  or  at  such 
stated  intervals  as  said  commissioner  of  health  may  establish,  make 
a written  report  to  him,  stating  the  kind  of  matter  removed,  the 
time  of  such  removal,  the  premises  from  which  the  same  were 
removed,  and  the  disposition  made  of  the  same.  And  any  such 
person  who  shall  fail  to  make  such  report  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  two  hundred  dollars,  and  the  said  com- 
missioner of  health  shall,  if  he  so  elects,  have  power  to  revoke  the 
permit  given  to  said  person  as  provided  for  in  the  previous  section. 

Report  of  commissioner  of  health.  § 17.  The  commissioner 
of  health  shall  annually,  on  or  before  the  first  day  of  May,  send  or 
deliver  to  the  city  clerk  a full  and  complete  statement  of  all  matters 
pertaining  to  his  office  during  the  year,  together  with  an  estimate, 
in  detail,  of  the  appropriations  required  for  the  next  municipal 
year. 

Payment  of  expenses.  § 18.  All  bills  of  accounts  for  expenses 
incurred  by  the  commissioner  of  health  under  the  provisions  of  this 
ordinance  shall  be  audited  and  certified  to  by  the  said  commissioner 
of  health  and  paid  by  the  city  council. 

Penalty.  § 19.  Any  person  who  shall  neglect  or  refuse  to  obey 
the  orders  and  directions  of  the  commissioner  of  health,  given  under 
and  by  virtue  of  the  provisions  of  this  ordinance,  or  any  person  who 
shall  refuse  to  permit  the  said  commissioner  of  health  to  visit  and 
inspect  any  building  or  premises,  shall,  for  either  offense,  be  fined 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Compensation.  § 20.  Said  commissioner  of  health  shall  receive 
as  compensation  for  all  services  rendered  by  him  the  sum  of  twenty- 
five  dollars  per  month,  payable  quarterly. 

Present  commissioner  of  health  to  continue  in  office. 
§ 21.  Nothing  herein  contained  shall  be  so  construed  as  to  prevent 
the  present  commissioner  of  health  from  holding  his  office  until  the 


City  of  Danville. 


155 


expiration  of  his  term  in  May,  1893,  but  such  commissioner  shall 
hold  his  said  office  during  such  term,  and  shall  exercise  all  the 
powers  conferred  upon  him  by  this  ordinance,  and  shall  perform  all 
the  duties  imposed  upon  him  herein,  to  the  same  extent  and  in  the 
same  manner  as  if  his  appointment  had  been  made  subsequent  to  the 
passage  of  this  ordinance. 


. CHAPTER  XVIII. 

ITINERANT  MERCHANTS. 

Section. 

1.  Prohibits  itinerant  merchants  to  sell  without  license — penalty. 

2.  Defines  itinerant  merchant. 

3.  License — rate  of— bond. 

4.  Posting  license. 

5.  Oath  required. 

6.  Rebate  on  license — when  allowed. 

7.  Exception  may  be  made,  etc." 

8.  Penalty. 

Prohibits  itinerant  merchants  to  sell  without  license 
— penalty.  § 1.  No  person  or  persons,  or  corporation  organized 
under  the  laws  of  the  State  of  Illinois  or  of  any  other  state,  shall 
carry  on  or  conduct  the  business  of  selling  second-hand  goods,  as  an 
itinerant  merchant,  as  hereinafter  defined,  within  the  city  of  Dan- 
ville, without  having  first  obtained  a license  so  to  do,  under  a penalty 
of  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars,  for  each  day  such  business  is  carried  on.  Any  person  who 
shall  carry  on  such  business,  or  aid  or  assist  in  carrying  on  such 
business  as  the  clerk,  agent,  servant,  factor  or  attorney  in  fact  of 
another  person  or  corporation,  shall  be  held  and  deemed  a principal 
in  carrying  on  such  business. 

Defines  itinerant  merchant.  § 2.  Any  person  who,  by 
himself  or  by  his  clerks,  agents  or  employees,  shall  advertise  or  sell, 
or  expose  for  sale,  or  permit  to  be  advertised  or  sold  or  exposed  for 
sale  any  second-hand  goods  or  any  goods,  wares  or  merchandise  by 
him  owned  or  entrusted  to  his  custody  for  the  purpose  of  sale,  which 
may  have  been  damaged  by  fire  or  water,  or  are  claimed,  advertised 
or  represented  to  have  been  damaged  by  fire  or  water,  whether  so 
actually  damaged  or  not,  in  any  other  place  than  in  the  city  of 
Danville,  or  which  have  been  or  .are  represented,  advertised-  or 


156 


Ordinances  of  the 


claimed  to  have  been  in  the  stock  of  goods  of  some  person  not  in  the 
city  of  Danville,  who  has  foiled  in  business  or  become  insolvent  or 
made  an  assignment  or  become  bankrupt  in  any  other  place  than 
the  city  of  Danville,  or  any  person  or  persons  or  corporation  who 
shall  advertise  or  cause  lo  be  advertised  in  any  public  or  private 
newspaper  or  by  handbills,  dodgers,  posters,  banners,  stationary  or 
movable  sign,  or  in  any  other  manner  whatever,  that  second-hand 
goods,  wares  or  merchandise,  or  goods,  wares  or  merchandise  of  any 
kind  whatever,  damaged  by  fire  or  water,  or  purporting  or  claimed 
to  be  damaged  by  fire  or  water,  in  any  other  place  than  the  city  of 
Danville,  or  which  have  been  or  purport  or  claim  to  have  been  in 
the  stock  of  goods  of  some  person  who  has  failed  in  business  or 
become  insolvent  or  made  an  assignment  or  become  bankrupt,  in 
any  other  place  than  the  city  of  Danville,  are  exposed  for  sale  or 
are  about  to  be  exposed  for  sale  in  any  place  within  the  city  of  Dan- 
ville, is  hereby  defined  and  declared  to  be  an  itinerant  merchant  or 
person  carrying  on  or  conducting  the  business  of  selling  second-hand 
goods  or  conducting  a second-hand  store  as  an  itinerant  merchant. 

License — rate  of — bond.  § 3.  The  city  council  may,  in  its 
discretion,  grant  a license  to  any  person,  persons,  or  corporation  to 
carry  on  the  business  of  an  itinerant  merchant,  at  the  following  rates 
for  such  license  for  one  year,  to-wit : 

For  carrying  on  or  keeping  a junk  shop  where  odds  and  ends  are 
bought  and  sold,  twenty-five  dollars. 

For  selling  dry  goods,  clothing,  men’s  furnishing  goods,  boots 
and  shoes,  hats  and  caps,  or  other  articles  of  wearing  apparel,  five 
hundred  dollars. 

For  selling  hardware,  groceries  or  drugs,  two  hundred  and  fifty 
dollars. 

For  selling  books,  stationery,  jewelry,  bric-a-brac,  holiday  goods, 
wall-paper,  paints,  artists’  materials,  furniture  and  household  goods, 
millinery  goods,  harness  or  saddlery  goods,  three" hundred  dollars. 

And  no  license  shall  be  granted  under  the  provisions  of  this 
ordinance  for  a less  term  than  one  year,  at  any  time,  and  the  person 
so  applying  shall  pay  to  the  clerk  the  sum  of  money  herein  named 
for  such  license  for  one  year,  and  shall  execute  a bond  to  the  city 
of  Danville,  in  the  sum  of  one  thousand  dollars,  with  two  or  more 
resident  freeholders  as  security,  conditioned  that  the  said  applicant 
will  in  every  particular  conform  to  the  requirements  of  this  ordi- 
nance, and  with  the  requirements  or  provisions  of  any  ordinance 
heretofore  or  hereafter  to  be  passed  concerning  the  carrying  on  of 
second-hand  stores.  And  thereupon,  if  such  license  shall  be  ordered 
to  be  issued  by  the  city  council  by  a vote  of  a majority  of  the  aldemen 


City  of  Danville. 


157 


at  anv  regular  meeting,  such  license  shall  be  issued  by  the  city  clerk 
and  signed  by  the  mayor  and  city  clerk. 

Posting  license.  § 4.  The  person  or  persons  receiving  such 
license  shall  keep  the  same  posted  in  a conspicuous  place  yi  his  or 
their  place  of  business,  and  the  city  clerk  shall  keep  a record  of  all 
licenses  granted  under  this  ordinance,  in  which  he  shall  record  the 
name  of  the  person  licensed,  the  time  of  issuing  the  same  and  the 
place  of  business  of  the  person  so  licensed. 

Oath  required.  § 5.  The  person,  persons  or  corporation 
applying  for  said  license  shall,  before  the  same  shall  be  granted, 
take  and  subscribe  an  oath  or  affirmation  that  it  is  his  bona  fide 
intention  to  continue  in  business  in  said  city  of  Danville  for  at  least 
the  space  of  one  year,  and  that  he  in  good  faith  intends  to  pay  said 
license  fee  absolutely  and  unconditionally,  and  that  he  has  no  inten- 
tion to  and  will  not  at  any  future  time,  by  any  suit,  action  or  device, 
try  to  recover  back  the  said  license  fee  from  said  city,  or  any  part 
thereof,  except  in  the  manner  hereinafter  provided. 

Rebate  on  license — when  allowed.  § 6.  If  the  person, 
persons  or  corporation  receiving  such  license  shall  cease  to  carry  on 
the  business  for  which  such  license  has  been  issued  before  the  expira- 
tion of  a year  for  which  he  has  received  license  as  herein  provided, 
he  or  they  may  apply  to  the  city  council  for  a repayment  of  a sum 
of  money  proportionate  to  the  unexpired  term  of  such  license,  and 
the  city  council  may,  if  satisfied  that  the  person  so  applying  received 
such  license  in  good  faith  for  the  purpose  of  carrying  on  such  business, 
order  to  be  repaid  such  sum  of  money  as  shall  be  a just  proportion 
for  the  unexpired  time  for  the  license:  Provided , If  such  license 
was  issued  for  selling  dry  goods,  clothing,  men’s  furnishing  goods, 
boots  and  shoes,  or  other  articles  of  wearing  apparel,  the  city  council 
shall  not  refund  more  than  two  hundred  and  fifty  dollars  where 
such  license  has  not  been  issued  for  more  than  thirty  days,  nor  more 
than  two  hundred  dollars  when  such  license  has  not  been  issued  for 
more  than  sixty  days,  nor  more  than  one  hundred  and  fifty  dollars 
where  such  license  has  not  been  issued  for  more  than  one  hundred 
and  twenty  days. 

Exception  may  be  made,  etc.  § 7.  The  city  council  may,  in 
its  discretion,  by  resolution,  exempt  any  person  having  been  a bona 
fide  resident  and  taxpayer  of  the  city  of  Danville  for  the  period  of 
one  year  from  the  provisions  and  requirements  of  this  ordinance,  or 
may  order  a license  to  be  issued  to  any  such  person  at  a lower  rate 
than  is  herein  specified. 


158 


Ordinances  of  the 


Penalty.  § 8.  Any  person,  persons  or  corporation  violating 
any  of  the  provisions  of  this  ordinance,  excepting  where  otherwise 
specially  provided,  shall,  on  conviction,  be  fined  in  any  sum  not  less 
than  twemty-five  dollars,  nor  more  than  two  hundred  dollars  for 
each  offense,  and  in  addition  thereto,  in  case  license  has  been  granted 
to  such  person,  the  same  shall  thereby  be  revoked. 


CHAPTER  XIX. 

JUNK  DEALERS. 

Section. 

1.  Junk  dealer  defined. 

2.  Penalty  for  dealing  in  junk  without  license. 

3.  Terms  upon  which  license  shall  be  granted. 

4.  Expiration  of  license. 

5.  Junk  dealer’s  record. 

6.  Inspection — penalty  for  refusing  or  evading. 

7.  Purchase  from  minors  forbidden. 

8.  Time  goods  purchased  are  to  be  kept. 

9.  Railroad  brass  and  iron — possession  of  prima  facie  evidence. 

10.  Agents  of  junk  dealer  liable,  etc. 

11.  Violations  of  chapter  to  cause  forfeiture  of  license. 

Junk  dealer  defined.  § 1.  Whoever  shall  deal  in,  purchase, 
buy  or  barter  for  old  iron,  copper,  brass  or  other  metal,  rags,  old 
rope,  old  canvas,  or  such  material  as  is  usually  denominated  or 
known  as  junk,  are  hereby  declared  to  be  junk  dealers  within  the 
meaning  of  this  ordinance. 

Penalty  for  dealing  in  junk  without  license.  § 2.  Who- 
ever shall  carry  on  or  conduct  the  business  of  a junk  dealer  within 
the  city  of  Danville,  without  having  first  obtained  a license  so  to  do, 
in  accordance  with  the  provisions  of  this  chapter,  shall  be  fined  not 
less  than  one  hundred  dollars  for  each  and  every  offense. 

Terms  upon  which  license  shall  be  granted.  § 3.  The 
mayor  is  hereby  authorized  to  grant  a license  to  junk  dealers,  at  his 
discretion,  on  the  following  conditions  : ~ 

First.  The  person  so  applying  for  such  license  shall  be,  to  the 
satisfaction  of  the  mayor,  a person  of  good  moral  character,  and  such 
applicant  shall  pay  as  a license  fee  the  sum  of  fifty  dollars  per  year, 
payable  in  quarterly  installments  in  advance. 


City  of  Danville. 


159 


Second.  The  applicant  shall  execute  a bond  to  the  city  of  Dan- 
ville, with  one  or  more  sureties  to  be  approved  by  the  mayor,  in 
the  penal  sum  of  one  thousand  dollars,  conditioned  that  the  said 
applicant  shall  in  every  particular  conform  to  the  requirements  or 
provisions  of  all  existing  ordinances  of  said  city,  and  such  ordinances 
as  may  hereafter  be  passed,  concerning  junk  dealers;  and  thereupon 
the  city  clerk  shall  issue  to  such  applicant  a license  as  junk  dealer, 
under  the  corporate  seal  of  the  city,  signed  by  the  mayor  and  coun- 
tersigned by  the  clerk. 

Expiration  of  license.  § 4.  Every  license  issued  under  this 
chapter  shall  expire  at  the  end  of  the  municipal  year  in  which  it  is 
granted,  subject,  however,  to  the  right  of  the  mayor  to  revoke  such 
license  at  any  time,  in  his  discretion,  for*'  cause  which  may  appear 
to  him  sufficient. 

Junk  dealer’s  record  to  be  kept.  § 5.  Every  person 
licensed  as  aforesaid  shall  keep  at  his  place  of  business  a substantial 
and  well  bound  book,  in  which  he  shall  enter  a description  of  all 
personal  property  purchased  by  him,  with  the  date  of  purchase,  the 
name  and  residence  or  place  of  business  of  the  person  from  whom 
such  purchase  was  made,  also  entering  any  prominent  or  descriptive 
marks  that  may  be  on  such  property.  Said  book  shall  be  kept 
clean  and  legible,  and  all  the  entries  made  therein  shall  be  in  ink, 
and  no  entry  therein  shall  be  afterward  erased,  obliterated  or 
defaced.  Any  person  licensed  under  this  chapter,  as  aforesaid,  who 
shall  neglect  or  refuse  to  comply  with  any  of  the  provisions  of  this 
section,  shall  be  fined  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars  for  each  and  every  offense. 

Inspection.  § 6.  Every  person  so  licensed  as  aforesaid  shall, 
during  ordinary  business  hours,  when  requested  by  the  mayor, 
marshal  or  any  policeman,  submit  and  exhibit  said  book  provided 
for  in  section  5 of  this  chapter,  to  the  inspection  of  either  of  the 
above  named  officers.  And  every  such  person  licensed  as  aforesaid 
shall*  also  allow  the  mayor,  city  marshal  or  any  policeman  of  said 
city  to  enter  the  place  of  business  of  such  person  during  business 
hours  and  examine  and  inspect  the  stock  in  trade  belonging  to  such 
person,  and  make  such  examination  of  his  premises  as  such  officer 
may  desire  in  the  discharge  of  his  official  business.  Any  person 
who  shall  refuse  to  permit  such  officer  to  make  such  inspection,  or 
shall  hinder,  delay  or  obstruct  him  in  making  the  same,  or  shall 
refuse  to  show  such  officer  any  property,  article  or  thing  in  the 
custody  or  possession  of  such  junk  dealer,  when  requested  so  to  do 
by  such  officer,  shall,  in  either  case,  be  fiued  not  less  than  ten  dol- 
lars, nor  more  than  one  hundred  dollars  for  each  offense. 


160 


Ordinances  of  the 


Purchasing  from  minors  forbidden.  § 7.  No  keeper  of  a 
junk  shop  shall  purchase  auy  goods,  article  or  thing  whatsoever, 
except  old  rags,  old  rubber  boots  or  shoes  and  waste  paper,  from 
any  minor  under  the  age  of  eighteen  years,  without  the  written 
consent  of  the  parent  or  guardian  of  such  minor,  specifying  the 
article  permitted  to  be  sold,  under  a penalty  of  not  less  than  five, 
nor  more  than  fifty  dollars  for  each  offense. 

Time  goods  are  to  be  kept.  § 8.  Every  junk  dealer  shall 
keep  in  his  possession,  without  changing  the  form  or  character 
thereof,  each  article  of  property  received  by  him  in  the  course  of  his 
business  as  such  junk  dealer,  for  the  full  period  of  three  days,  under  a 
penalty  of  ten  dollars  for  each  offense. 

Railroad  brass  and  iron,  etc.  § 9.  No  junk  dealer  shall 
purchase  or  receive  any  car-truck  brass  of  any  kind,  or  railyoad  iron 
of  any  description,  from  any  person,  except  from  railroad  corpora- 
tions or  their  agents  duly  authorized  to  sell  the  same,  under  a penalty 
of  not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for 
each  offense.  The  fact  that  any  railroad  brass  or  railroad  iron  is 
found  in  the  possession  of  or  in  the  place  of  business  of  any  junk 
dealer  shall  be  considered  prima  facie  evidence  of  a violation  of  this 
section,  and,  unless  such  possession  is  shown  to  have  been  acquired 
lawfully,  shall  subject  such  dealer  to  the  aforesaid  penalty,  and  be 
sufficient  cau§e  for  the  immediate  forfeiture  of  his  license. 

Agents  or  employes  of  junk  dealers.  § 10.  Any  agent, 
clerk  or  employee  of  any  licensed  junk  dealer,  who  shall  violate  any 
of  the  provisions  of  this  chapter,  shall  be  subject  to  the  same  pen- 
alties herein  prescribed  for  such  violation  when  done  by  a licensed 
junk  dealer. 

Violations  of  this  chapter  to  cause  forfeiture  of 
license.  § 11.  Any  violation  of  any  of  the  provisions  of  this 
chapter  t>y  any  junk  dealer,  or  by  his  clerk,  agent  or  employee^shall 
be  sufficient  cause  for  the  revocation  of  the  license  of  such  junk 
dealer,  in  the  discretion  of  the  mayor. 


City  of  Danville. 


161 


CHAPTER  XX. 

LICENSE. 

Section. 

1.  Mayor  to  receive  application. 

2.  Application— how  made. 

3.  Terms  of  license — how  signed. 

4.  Subject  to  ordinances — may  be  revoked,  etc. 

5.  Not  assignable  without  consent,  etc. 

6.  Clerk  to  keep  register. 

7.  Form  of  license. 

8.  Duty  of  marshal. 

Mayor  to  receive  .application.  §1.  The  mayor  shall  receive 
applications  for  license  and  grant  the  same  in  all  cases  where  it  is 
not  otherwise  expressly  provided,  upon  the  terms  and  conditions 
specified  by  ordinance.  But  if  he  shall  not  feel  authorized  to  grant 
any  application  for  a license  for  any  purpose,  he  may  report  such 
application  to  the  next  meeting  of  the  city  council  for  their  action 
thereon. 

Applications — how  made.  § 2.  Any  person  desiring  a license 
under  the  ordinances  of  the  city  for  any  purpose  shall  make  a written 
application  to  the  mayor  therefor,  stating  the  purpose  for  which  the 
same  is  desired,  for  what  length  of  time,  and  specify  the  place  where 
his  business  is  to  be  carried  on,  and,  if  required  by  ordinance,  to 
file  bond  before  being  licensed.  He  shall  also  name  his  proposed 
sureties  on  his  bond  in  his  application.  If  the  mayor  shall  grant 
such  application,  he  shall  indorse  the  same  thereon,  together  with 
the  amount  taxed  for  the  license,  and  upon  the  filing  of  the  applica- 
tion, so  indorsed,  with  the  city  qlerk,  and  the  payment  of  the  amount 
specified,  the  city  clerk  shall  issue  to  such  applicant  a license  for  the 
purpose  and  time  specified. 

Term  of  license — how  signed,  etc.  § 3.  No  license  shall  be 
granted  for  a longer  period  than  the  municipal  year,  and  all  licenses 
shall  be  signed  by  the  mayor  and  countersigned  by  the  city  clerk, 
under  the  corporate  seal.  No  license  shall  be  valid  until  signed  and 
countersigned  as  aforesaid,  nor  shall  any  person  be  deemed  licensed 
until  a license  shall  be  duly  issued  to  him.  Each  license  shall  be 
dated  the  day  of  the  issuing  thereof,  but  if  the  applicant  has  been 
acting  without  a license,  then  it  shall  be  dated  from  the  time  he 
commenced  acting. 

License  subject  to  ordinances — revocation.  § 4.  All 
licenses  granted  shall  be  subject  to  all  ordinances  relating  to  license 

11 


162 


Ordinances  of  the 


which  may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which 
may  be  subsequently  adopted  by  the  city  council ; or,  if  any  person 
licensed  shall  violate  any  provision  of  any  ordinance  in  relation  to 
his  license,  he  may  be  proceeded  against  for  any  fine  or  penalty 
imposed  thereby,  and  his  license  may  be  revoked  or  forfeited,  in 
the  discretion  of  the  city  council,  or  of  the  court  or  magistrate  before 
whom  any  action  may  be  brought  for  the  recovery  of  any  fine  or 
penalty. 

Licenses  not  assignable.  § 5.  No  license  granted  shall  be 
assignable  or  transferable,  nor  shall  any  person  be  authorized  to  do 
business  or  act  under  such  license  but  the  person  to  whom  it  is 
granted,  or  in  any  other  place  than  the  place  specified  therein,  without 
the  consent  of  the  city  council,  to  be  certified  on  such  license  by  the 
city  clerk,  nor  shall  any  license  authorize  dny  person  to  act  under  it 
at  more  than  one  place  at  the  same  time,  nor  at  any  other  time  than 
is  therein  specified.  Whoever  shall  violate  any  of  the  provisions  of 
this  section  shall  be  deemed  to  be  acting  without  license,  and  shall 
be  subject  to  the  same  penalty  as  is  prescribed  for  acting  without 
license. 

Register  of  license.  § 6.  The  city  clerk  shall  keep  a license 
register,  in  which  he  shall  enter  the  name  of  each  person  licensed, 
for  what  purpose  licensed,  the  place  of  business,  the  date  of  the 
license,  the  amount  paid,  aud  the  date  of  the  expiration  of  the  same. 
He  shall  pay  into  the  city  treasury,  on  the  first  Monday  of  each 
month,  all  money  received  by  him  on  account  of  licenses.  He  may 
charge  and  receive  a fee  of  fifty  cents  for  each  license  issued  by  him 
where  the  fee  charged  is  ten  dollars  or  less,  and  one  dollar  and  fifty 
cents  where  the  fee  charged  is  more  than  ten  dollars,  and  a fee  of 
fifty  cents  for  certifying  the  consent  of  the  city  council  to  the  assign- 
ment or  transfer  of  any  license  or  change  of  place  of  business  specified 
in  such  license. 

Form  of  license.  § 7.  Licenses  may  issue,  as  near  as  may  be, 
in  the  following  form,  to- wit: 

A.  B.  of  the  city  of  Danville,  to  all  whom  these  presents  may 

come,  greeting : 

Know  ye  that  C.  D.  having  made  application  in  due  form,  filed  bond 

and  paid  into  the  city  treasury dollars,  and  in  all  other  respects 

complied  with  the  ordinance  of  the  city  in  this  behalf : Therefore  I,  A.  B., 
mayor  of  the  city  of  Danville,  for  and  in  behalf  of  said  city,  do  hereby 
authorize,  empower  and  license  the  said  C.  D.  (here  set  forth  the  business  or 

purpose  of  the  license),  at for from...... 

Nevertheless,  this  license  is  granted  upon  this  express  condition  : That  if 
the  said  C.  D.  shall  observe  and  obey  all  ordinances  of  the  city  which  are  or 
may  be  in  force  regulating  or  relating  to  said  business,  then  this  license  shall 


City  of  Danville. 


163 


be  valid  for  the  said  period  ; otherwise  it  may  be  annulled,  revoked  or  for- 
feited, at  the  option  of  the  city  council,  or  in  any  other  manner  provided  by 
ordinance. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  caused  the 
corporate  seal  of  said  city  to  be  affixed,  at  the  city  of  Danville,  this 


day  of A.  D.  .18 

[seal.]  A.  B.,  Mayor. 


Countersigned  and  registered  : 

E.  F.,  City  Clerk. 

Duty  of  marshal.  § 8.  The  city  marshal  shall  enforce  all 
ordinances  in  relation  to  licenses,  and  shall  from  time  to  time 
examine  the  license  register,  and  prosecute  all  persons  who  may  be 
acting  without  license. 


CHAPTER  XXI. 

LIQUORS. 

Section. 

1.  Liquors — license  required. 

2.  Committee  on  license — duties. 

3.  Mayor  to  grant — applicaiion  to  be  in  writing — not  to  be  granted  to 
minor  or  non-resident. 

4.  Bonds  required. 

5.  Application  to  state  time,  place,  and  names  of  sureties. 

6.  Application  for  license  to  be  presented  to  mayor — persons  disqual- 
ified— term  of  license. 

7.  License — when  granted. 

8.  Person  refused  license  not  to  be  interested  in  dramshop. 

9.  License  to  be  granted  only  to  party  making  application. 

10.  Dramshop  to  be  closed  on  Sunday — penalty. 

11.  Marshal  and  police  to  enforce  ordinances. 

12.  Lewd  women  not  permitted  in  dramshop — penalty. 

13.  License  may  be  revoked — when. 

14.  Dramshop  open — when. 

15.  Keeper  of  dramshop  to  keep  orderly  house — penalty. 

16.  Drunkenness  and  gaming  forbidden — penalty. 

17  Officers  to  report  convictions — penalty. 

18.  License  not  to  be  granted  when  fines  are  unpaid. 

19.  Minors  not  to  be  employed  nor  permitted  to  frequent  dramshops 
— penalty 

20.  Minors  forbidden  in  saloons,  etc. 

21.  Liquor  not  to  be  sold  to  habitual  drunkard. 

22.  License  not  to  be  assigned — one  place  of  business. 

23.  License  to  be  posted. 

24.  Use  of  slides,  dumb  waiters,  etc.,  forbidden — penalties. 

25.  Shifts  or  devices  forbidden. 

26.  Windows  kept  so  interior  may  be  seen. 


Liquors — license  required.  § 1.  No  person  slufll,  within 
the  city,  by  himself,  his  servant  or  clerk,  directly  or  indirectly,  sell, 


164 


Ordinances  of  the 


barter,  exchange  or  deliver  or  otherwise  dispose  of  any  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors,  in  a less  quantity  than 
one  gallon,  to  be  carried  away  at  one  time  from  the  place  of  sale  or 
delivery,  or  in  any  quantity  whatever  to  be  drank  upon  the  prem- 
ises, or  in,  or  upon  any  adjacent  room,  building,  yard  or  premises,  or 
place  of  public  resort,  without  a license  therefor  in  accordance  with 
the  requirements  hereof,  under  a penalty  of  not  less  than  twenty 
dollars,  and  not  exceeding  one  hundred  dollars  for  each  offense. 

Committee  on  license — duties.  § 2.  The  mayor  shall  appoint, 
at  the  beginning  of  each  fiscal  year,  or  as  soon  thereafter  as  may  be, 
a standing  committee,  known  as  the  committee  on  dramshop  license, 
to  which  committee  shall  be  referred  all  applications,  together  with 
the  bonds,  for  dramshops.  It  shall  be  the  duty  of  said  committee 
to  examine  the  same  with  reference  to  their  legal  sufficiency  and  the 
sufficiency  of  the  sureties  upon  the  said  bonds,  and  particularly  in 
regard  to  the  qualifications  of  the  several  applicants,  as  prescribed 
by  the  ordinances,  and  especially  in  regard  to  the  fitness  of  the 
person  for  the  business  sought  to  be  carried  on  by  him,  and  the 
fitness  and  propriety  of  the  place  at  which  he  seeks  to  carry  on  such 
business.  The  said  committee  shall  make  report  of  their  action 
without  unnecessary  delay,  and  shall  endorse  upon  each  application, 
if  favorable  : “ We  recommend  that  license  be  granted  otherwise, 
“We  recommend  that  license  be  not  granted/5  Said  committee 
may  be  granted  further  time  to  make  report  upon  any  and  all  appli- 
cations. 

Mayor  and  council  to  grant  license — rate  of  license. 
§ 3.  The  mayor,  by  and  with  the  consent  of  the  city  council,  may 
grant  license  to  such  person  or  persons  as  may  apply  therefor  to  him 
in  writing,  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquor,  in  any  quantity  less  than  one  gallon,  upon  such  person  or 
persons  paying  into  the  city  treasury  a sum  at  the  rate  of  eight 
hundred  dollars  per  annum,  payable  quarterly  in  advance,  and 
entering  into  bonds  in  the  manner  required  in  the  fourth  section 
hereof:  Provided,  That  no  license  shall  be  granted  under  the  pro- 
visions of  this  ordinance  to  any  minor  or  non-resident  of  the  city, 
nor  to  any  person  or  persons  who  keep  or  operate  a restaurant  or 
eating  room  in  connection  with  their  place  of  business,  nor  to  any 
person  or  persons  whose  place  of  business  where  said  liquors  are  to 
be  retailed  has  any  door  or  openings  connecting  it  with  any  restaurant 
or  eating  room.  In  case  any  person  or  persons,  after  having  been 
granted  a license  in  accordance  with  the  provisions  of  this  chapter 
of  this  ordinance,  shall  keep,  have,  or  operate  a restaurant  or  eating 


City  of  Danville. 


165 


.room  in  connection  therewith,  or  shall  connect  his  place  of  business 
by  any  door  or  opening  with  any  restaurant  or  eating  room,  the 
mayor  shall  immediately  revokesaid  license  so  granted  to  such  person 
or  persons. 

Bond  to  people  and  city  required.  § 4.  Before  a license 
shall  be  granted  to  keep  a dramshop  for  the  sale  of  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  under  the  provisions  hereof, 
the  person  or  persons  applying  for  such  license  shall  execute  a bond 
in  the  penal  sum  of  three  thousand  dollars,  payable  to  the  People  of 
the  State  of  Illinois,  with  at  least  two  good  and  sufficient  sureties, 
freeholders  in  the  county  in  which  the  license  is  to  be  granted,  to  be 
approved  by*  the  mayor  and  council,  conditioned  that  the  person  to 
whom  such  license  is  granted  shall  pay  to  all  persons  all  damages 
that  they  may  sustain,  either  in  person  or  property  or  means  of 
support;,  by  reason  of  the  person  so  obtaining  a license  selling  or 
giving  away  intoxicating  liquors,  as  required  by  law.  And  such 
persons  shall  also  execute  a bond  to  the  city  of  Danville,  in  the 
sum  of  one  thousand  dollars  liquidated  damages,  signed  by  at 
least  two  freeholders  of  the  city,  each  to  the  value,  over  and  above 
their  homestead  exemption,  of  at  lea^t  the  penalty  of  the  bond  as 
sureties,  to  be  approved  by  the  city  council,  and  conditioned  that 
the  person  to  whom  such  license  is  granted  shall  observe  and  obey 
all  laws  and  ordinances  now  in  force,  or  such  as  may  hereafter  be 
in  force,  regulating  and  governing  keepers  of  dramshops.  And  any 
breach  of  its  conditions  shall  work  a forfeiture  of  the  whole  penalty 
thereof,  the  amount  of  which  shall  be  recovered  before  any  court 
having  jurisdiction.  Any  person  offered  as  security  upon  the  lirst 
of  the  herein  named  bonds,  payable  to  the  People  of  the  State*  of 
Illinois,  may  be  required  by  the  mayor  to  appear  in  person  before 
him,  and  he  may  examine  him  under  oath, and  require  him  to  sub- 
scribe and  swear  to  his  statement  in  regard  to  his  pecuniary  ability 
to  become  such  security. 

Application  for  license.  § 5.  Any  person  desiring  a license 
under  the  ordinances  of  the  city  to  keep  a dramshop  for  selling  at 
retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  in  less 
quantities  than  one  gallon,  shall  make  a written  application  to  the 
mayor,  stating  the  length  of  time  for  which  he  desires  such  license, 
the  place  where  his  business  is  to  be  carried  on,  and  the  names  of 
the  persons  who  will  become  his  sureties  on  the  bond  required  by 
ordinance. 

Applications  to  be  presented  to  the  council — persons 
disqualified.  § 6.  When  application  is  made  for  a license  to  keep 


166 


Ordinances  of  the 


a dramshop  as  aforesaid,  it  shall  be  the  duty  of  the  mayor  to  receive 
and  present  the  same  at  the  next  meeting  of  the  city  council,  and 
the  city  council  may  grant  the  same  upon  the  terms  and  conditions 
specified  by  ordinance,  unless  the  applicant  or  one  or  more  of  the 
applicants  shall  be  a minor  or  non-resident  of  the  city,  or  shall  have 
been  convicted  of  some  crime  which  by  the  laws  of  this  state  would 
render  him,  her  or  them  infamous,  or  shall  have  been  twice  convicted 
of  violating  the  ordinance  of  said  city  concerning,  regulating  or 
governing  keepers  of  dramshops  or  retailers  of  liquors,  or  unless 
such  applicant  or  applicants  or  some  one  or  more  of  them  shall  have- 
failed  or  refused,  after  having  been  once  convicted  of  any  violation, 
to  pay  the  fine  or  penalty,  or  the  cost  of  some  part  thereof  assessed 
therefor.  If  the  application!  be  granted,  the  mayor«shall  endorse 
the  grant  thereof  on  such  application,  together  with  the  amount 
taxed  for  such  license:  Provided , No  license  shall  be  granted  for  a 
shorter  time  than  three  months,  and  payment  for  all  licenses  shall 
be  made  in  advance. 

Clerk  to  issue  license.  § 7.  Upon  the  filing  of  the  applica- 
tion so  endorsed  as  aforesaid  in  the  city  clerk’s  office,  together  with 
the  bond  aforesaid,  conditioned  as  aforesaid,  with  such  securities  and 
approved  as  aforesaid,  and  the  approval  thereof  endorsed  thereon,  and 
paying  to  the  city  clerk  the  amount  required  for  such  license,  a license 
to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  in  any 
quantity  less  than  one  gallon,  at  the  place  named  in  the  application, 
shall  be  issued  to  such  applicant,  in  the  general  form  and  manner 
prescribed  by  the  ordinance  of  said  city  for  other  license. 

Person  refused  a license  not  to  be  interested  in  dram- 
shop— penalty.  § 8.  No  one  who  shall  be'  refused  license  shall 
become  or  be  directly  or  indirectly  interested  as  clerk,  agent,  servant 
or  otherwise  in  the  operation  of  any  dramshop  within  the  city  for 
the  term  of  three  months  after  such  refusal.  The  committee  on 
dramshop  licenses,  before  making  report  upon  any  application,  may 
require  the  applicant  to  furnish  an  affidavit  that  no  one  to  whom 
license  has  been  refused  is  directly  or  indirectly  interested  in  any 
manner  in  the  procuring  of  the  license  applied  for  or  in  the  business 
for  which  such  license  is  applied  for  as  agent,  servant  or  otherwise. 

License  only  granted  to  party  making  application.  § 9. 
Whenever  any  person  shall  make  application  to  the  mayor  for  a 
license  to  keep  a dramshop  for  retailing  intoxicating,  malt,  vinous,, 
mixed  or  fermented  liquors,  and  the  mayor  shall  be  satisfied  that 
the  application  is  made  for  the  benefit  of  any  other  person,  who  is 
not  entitled  to  a license  under  the  provisions  of  this  ordinance,  or 


City  of  Danville. 


167 


that  any  such  person  not  entitled  to  a license  is  to  be  in  any  manner 
interested  in  the  business  to  be  carried  on  under  such  license,  or  in 
any  manner  employed  therein,  or  if  he  shall  be  satisfied  that  such 
application  is  made  for  the  purpose  of  avoiding  the  eighteenth  sec- 
tion of  this  ordinance,  he  shall  refuse  to  grant  such  license,  and  if 
any  person  shall  make  such  application  for  the  benefit  of  any  other 
person  not  entitled  to  such  license  under  the  provisions  hereof,  or 
if  any  person  not  entitled  to  such  license  shall  be  in  any  manner 
interested  in  the  business  to  be  carried  on  under  such  license,  or  shall 
be  employed  as  an  agent,  clerk  or  servant  in  such  business,  then  any 
liceuse  which  may  be  granted  on  such  application  shall  be  absolutely 
null  and  void. 

Selling  on  Sunday  forbidden.  § 10.  No  keeper  of  a dram- 
shop, licensed  under  the  provisions  hereof  to  retail  intoxicating, 
malt,  vinous,  mixed* or  fermented  liquors,  shall,  on  Sundays,  keep 
open  or  suffer  or  permit  to  be  kept  open  any  part  of  his  place  of 
business,  nor  shall,  on  Sundays,  in  any  manner  sell  or  deliver  any 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  or  suffer  or 
permit  any  such  liquor  to  be  used  or  drank  on  his  place  of  business, 
or  in  any  place  adjacent  thereto  under  his  control,  under  a penalty 
of  not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars  for 
each  offense. 

Duty  of  police  officers.  § 11.  The  city  marshal  and  police- 
men shall  see  that  the  provisions  hereof  are  strictly  observed  and 
enforced,  and  shall  prosecute  all  violations  of  the  same,  and  any 
person  may  make  complaint  of  any  violation  before  the  police  mag- 
istrate and  have  the  offender  prosecuted  as  in  other  cases,  and  it 
shall  be  the  duty  of  the  city  marshal  and  all  policemen  to  arrest  or 
cause  to  be  arrested  and  prosecuted  without  delay  all  persons  who 
may  be  found  intoxicated  or  riotous^in  any  public  place. 

Lewd  wom,en  not  permitted  in  dramshop — penaty.  § 12. 
No  keeper  of  a dramshop  within  this  city  shall  permit  or  allow  any 
prostitute  or  lewd  woman  or  women  of  ill  report,  to  frequent,  loiter 
in,  or  purchase  or  drink  liquor  of  any  kind  in  his  dram  shop  or  in 
any  place  adjacent  thereto  under  his  control.  Any  such  woman 
who  shall  when  requested  not  to  enter  any  such  dram  shop,  by  any 
person  in  charge  of  the  same,  persist  in  entering  such  dram  shop, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  one  hundred 
dollars,  and  any  keeper  of  a dram  shop  who  shall  knowingly 
violate  the  provisions  of  this  section  shall  be  fined  in  any  sum  not 
less  than  three  dollars  nor  more  than  one  hundred  dollars. 


168 


Ordinances  of  the 


License  may  be  revoked — when.  § 13.  Any  keeper  of  a 
dram  shop  licensed  under  the  ordinances  of  this  city,  who  shall 
permit  lewd  women,  prostitutes,  vagrants,  mendicants,  common 
drunkards  or  minors  to  loiter  about  or  to  remain  in  his  said  dram  shop 
or  in  any  place  connected  therewith  or  under  his  control  ; or  if  any 
such  dram  shop  keeper  sh-all  violate  any  of  the  provisions  of  the 
ordinances  of  this  city  for  the  government  or  regulation  of  dram, 
shops,  his  license  may  be  revoked  by  the  city  council  for  any  of  the 
causes  aforesaid.  And  it  shall  not  in  any  case  be  necessary  that  he 
shall  have  been  first  prosecuted  or  convicted  therefor  before  such 
revocation  : Provided , however,  that  before  the  council  shall  take 
action  upon  such  revocation,  such  keeper  shall  have  at  least  five 
days’  notice  of  the  time  at  which  said  action  shall  be  taken,  at 
which  time  he  may  appear  before  the  committee  appointed  by  the 
council  and  show  cause  why  his  license  should  not  be  revoked. 
And,  provided,  further,  that  in  case  of  such  revocation,  such  keeper 
shall  be  repaid  the  license  money,  if  any,  advanced  on  the  unexpired 
term  of  his  license. 

Dram  shop  open,  at  what  hours.  § 14.  No  keeper  of  a dram 
shop  shall  keep  open  or  suffer  to  be  kept  open  his  place  of  business, 
or  sell  any  liquor  therein,  or  therefrom,  or  suffer  any  person  not 
belonging  thereto  or  connected  therewith,  to  remain  in  any  part 
thereof,  before  the  hour  of  five  o’clock  in  the  morning,  or  after  the 
hour  of  eleven  o’clock  sharp  in  the  evening  of  each  day.  Any 
person  violating  this  section  or  any  part  thereof,  shall  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Keeper  of  dram  shop  to  keep  orderly  house — penalty. 
§ 15.  No  keeper  of  a dram  shop  licensed  under  the  provisions 
hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  suffer  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  obscene,  profane  or  unseemly  language,  quarreling, 
fighting  or  other  disturbance  in  or  about  his  place  of  business,  or  in 
any  place  adjacent  thereto  under  his  control,  to  the  annoyance, 
disturbance  or  vexation  of  others,  under  a penalty  of  not  less  than 
five  dollars,  nor  more  than  one  hundred  dollars  for  each  violation. 

Drinking  to  excess — gaming  forbidden.  § 16.  No  keeper  of  a 
dram  shop,  licensed  under  the  provisions  hereof  to  retail  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  as  aforesaid,  shall,  by 
himself,  his  clerk  or  his  servant,  suffer  or  permit  any  person  to 
drink  to  excess  on  his  premises,  nor  shall  suffer  or  permit  any 
species  of  gaming  in  any  part  thereof,  or  in  any  place  adjacent 


City  of  Danville. 


169 


thereto  under  his  control,  under  a penalty  of  not  less  than  ten 
dollars,  and  not  exceeding  two  hundred  dollars  for  each  offense. 

Duty  of  officers  to  report  convictions  to  mayor.  § 17. 
Whenever  any  person  or  persons  licensed  under  this  or  any  other 
ordinance  of  said  city  to  keep  a dram  shop  as  aforesaid,  shall  be  by 
any  court  of  competent  jurisdiction  adjudged  to  pay  any  fine,  cost 
or  penalty  for  violating  the  ordinance  of  said  city,  regulating, 
governing  or  concerning  the  keepers  of  dram  shops,  it  shall  be  the 
duty  of  the  city  attorney,  city  marshal,  policeman  or  other  officers 
of  the  city  making  complaint  in  or  prosecuting  the  same,  wherein 
such  judgment  was  rendered,  and  each  and  all  such  officers 
immediately  to  report  such  judgment  to  the  mayor  ; and  if  any 
such  officers  shall  fail  or  refuse  to  make  such  report  within  two  days 
after  the  rendition  of  such  judgment,  he  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars. 

License  not  to  be  granted  when.  § 18.  Whenever  any  person 
licensed  to  keep  a dram  shop,  .as  aforesaid,  shall  be  convicted  of 
violating  any  ordinance  of  the  city  concerning,  regulating  or 
governing  keepers  of  dram  shops  or  retailers  of  liquors,  it  shall  be 
the  duty  of  the  mayor  and.  council  to  refuse  to  grant  such  person 
any  other  or  further  license  to  retail  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquors  in  the  city,  until  the  fine  or  penalty  adjudged 
against  such  person  for  such  violation  shall  have  been  fully  paid  and 
satisfied,  together  with  all  costs  therein,  or  the  case  wherein  such 
fine  or  penalty  was  adjudged  shall  have  been  duly  appealed.  And 
whenever  any  person  licensed  to  retail  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors,  as  aforesaid,  shall  have  been  twice 
convicted  before  any  court  of  competent  jurisdiction  of  violating  any 
such  ordinance  of  the  city,  it  shall  be  in  the  discretion  of  the  mayor 
to  refuse  such  person  so  convicted,  any  other  or  further  license  to 
keep  a dram  shop  in  said  city,  and  whenever  any  person  so  licensed 
as  aforesaid,  shall  have  been  three  times  convicted  before  any  such 
court  for  violating  any  such  ordinance,  it  shall  be  the  duty  of  the 
mayor  forever  thereafter  to  refuse  to  grant  such  person  so  convicted 
any  license  to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  in  said  city  : Provided , however,  that  if  any  of  the  cases 
wherein  the  person  licensed  as  aforesaid  shall  have  been  convicted  as 
aforesaid  shall  be  appealed,  and  upon  the  hearing  of  such  cause  on 
appeal  such  person  shall  be  found  not  guilty  of  the  violation  or 
violations  for  which  he  was  convicted  in  the  court  below,  or  if  the 


170 


Ordinances  of.  the 


fine  or  penalty  adjudged  for  such  violation  whereof  he  may  be 
convicted  shall  be  remitted  by  the  city  council,  then  such  conviction 
shall  not  be  considered  from  and  after  the  reversal  thereof,  or  the 
remission  of  the  fine  or  penalty  assessed  therefor,  as  a conviction 
within  the  meaning  of  this  section  so  as  to  bar  such  person  of  his 
right  to  such  license. 

Employment  of  minors — liquors  to  intoxicated  persons 
forbidden.  § 19.  No  keeper  of  a dram  shop  licensed  under  the 
provision  hereof  to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  employ  any  minor  as  a servant  or  clerk  in  his  business, 
nor  shall  sell,  give  or  deliver  any  intoxicating,  malt,  -vinous,  mixed 
or  fermented  liquors  to  any  minor  or  intoxicated  person,  nor  shall 
harbor  or  entice,  or  suffer  any  intoxicated  person  or  minor  to  remain 
or  loiter  in  or  about  his  place  of  business,  under  a penalty  of  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Minor  forbidden  in  saloons,  etc.  § 20.  Any  minor  who 
shall  loiter,  or  idle  in  any  saloon,  or  place  where  any  intoxicating 
liquors  are  sold,  or  shall  play  at  any  game,  or  drink  any  intoxicating 
liquor  therein,  shall  for  either  offense  be  fined  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars. 

Selling  to  habitual  drunkards  forbidden.  § 21.  No  keeper 
of  a dramshop  licensed  .under  the  provisions  hereof,  nor  any  other 
person,  shall  sell,  give  or  deliver  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors  to  any  habitual  drunkard,  or  any 
habitually  intoxicated  person,  after  having  been  notified  by  the 
parents  or  other  relative  of  such  person  that  he  is  an  habitual 
drunkard  or  habitually  intoxicated  person,  and  requesting  such 
retailer  or  other  person  not  to  sell,  give  or  deliver  him  any  such 
liquors,  under  a penalty  of  not  less  than  twenty  dollars,  nor  more  . 
than  one  hundred  dollars  for  each  offense. 

License  not  transferable.  § 22.  No  license  granted  under 
the  charter  or  any  ordinance  of  the  city  for  the  sale  of  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  shall  be  assignable  or 
transferable,  nor  shall  any  person  be  authorized  to  do  business  or  to 
act  under  such  license  but  the  person  to  whom  it  is  granted,  or  at 
any  other  place  than  the  place  specified  therein,  without  the  consent 
of  the  mayor  or  mayor  pro  tem,  with  the  approval  of  the  city 
council,  to  be  certified  on  such  license  under  his  hand  and  the  seal 
of  the  city,  and  countersigned  by  the  city  clerk ; nor  shall  any  such 


City  ok  Danville. 


171 


licence  authorize  any  such  person  to  act  under  it  at  more  than  one 
place  at  the  same  time,  nor  at  any  other  time  than  therein  specified. 
Whoever  shall  violate  the  provisions  of  this  section  shall  be  deemed 
as  acting  without  a license  and  be  subject  to  the  same  penalty  as  is 
prescribed  for  acting  without  a license. 

License  and  ordinance  to  be  posted.  § 23.  Every  keeper  of 
a dram  shop  licensed  under  the  provision  of  the  second,  third  and 
fourth  sections  hereof,  shall  keep  his  license  posted  up  in  some 
conspicuous  place  in  his  place  of  business. 

Use  of  slides,  dumb  waiters,  etc.,  forbidden — penalties. 
§ 24.  It  shall  be  unlawful  for  the  owner  or  lessee  of  any  premises 
occupied  or  used  for  the  purpose  of  a saloon  or  dram  shop,  or  for 
any  person  having  a license  to  sell  liquors  at  retail,  or  to  keep  a 
saloon  or  dram  shop  under  the  ordinances  of  the  city,  to  construct, 
erect,  keep  or  maintain  any  slide,  elevator,  dumb  waiter  or  other 
instrument  or  device  in  any  such  room  used  or  occupied  for  the  sale 
of  liquors  which  shall  run  to  or  connect  or  communicate  with  any 
room  or  place  above,  beneath  or  adjoining  to  such  dram  shop  or 
licensed  saloon  ; and  it  shall  also  be  unlawful  for  any  person  having 
such  license  to  sell  liquors  at  retail  either  by  himself  or  his  clerk  or 
servant,  to  use  any  such  slide,  elevator  or  dumb  waiter  or  other 
device  for  sending  or  to  send  any  intoxicating  liquors  or  beer  from 
such  saloon  or  dram  shop  to  any  room  or  place  above,  below  or 
adjoining  the  same.  Any  such  slides,  elevators  or  dumb  waiters 
which  may  now  exist  in  any  saloon  or  dram  shop  in  this  city  shall 
be  removed,  taken  out  or  destroyed  immediately.  Any  person  who 
shall  construct,  erect,  keep  or  maintain,  or  shall  use  any  such  slide, 
elevator  or  dumb  waiter  in  violation  hereof,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  erecting  or 
constructing  the  same  and  a like  sum  for  each  day  he  shall  keep  or 
maintain  the  same  in  any  such  saloon  or  dram  shop  whether  erected 
before  or  since  the  passage  of  this  ordinance  and  in  a like  sum  for 
each  time  the  same  shall  be  used  for  the  purposes  aforesaid. 

Shifts  or  devices  forbidden.  § 25.  The  giving  away  of 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  or  other 
device,  or  shift  to  evade  the  provisions  or  requirements  of  this 
chapter  of  this  ordinance  are  hereby  declared  to  be  within  the 
meaning  and  intent  and  shall  be  deemed  violations  hereof. 

Windows  kept  so  interior  of  dram  shop  may  be  seen. 
§ 26.  Every  keeper  of  a dram  shop  shall,  during  the  times  when  by 


172 


Ordinances  of  the 


law  or  the  ordinances  of  the  city  his  place  of  business  is  required  to 
he  kept  closed,  so  arrange  his  windows  and  screens  as  to  enable 
persons  on  the  street  to  have  a sufficient  view  of  the  interior  of  such 
dram  shop,  to  enable  them  to  determine  whether  such  place  is  being 
kept  closed.  Any  keeper  of  such  dram  shop  failing  to  comply  with 
the  provisians  of  this  section  shall  be  fined  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars. 


CHAPTER  XXII. 

MILKMEN. 

Section. 

1.  Milkmen  to  be  licensed. 

2.  License  fee.  , 7 

3.  Name  on  wagon, 

4.  Drivers  or  employees  of  unlicensed  wagons. 

5.  Adulterated.milk. 

Milkmen  to  be  licensed.  § 1.  Xo  person  shall,  by  himself 
or  agent,  carry  on  the  business  of  selling  or  delivering  milk  to  cus- 
tomers in  the  city,  by  means  of  a wagon,  cart  or  other  vehicle,  without 
being  licensed  so  to  do,  as  hereinafter  provided,  under  a penalty  of 
not  less  than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Amount  of  license.  § 2.  Every  person  desiring  a license  as  a 
milkman  shall  pay  for  the  same  at  the  following  rates: 

Where  a person  sells  or  delivers  milk  with  only  one  wagon  or 
other  vehicle  the  license  fee  shall  be  five  dollars  per  year,  and  five 
dollars  for  each  additional  wagon  or  other  vehicle  used  in  such 
business. 

Name  on  wagon.  § 3.  Every  person  licensed  to  sell  milk  shall 
cause  his  name  to  be  legibly  painted  or  placed  on  each  wagon  or 
other  vehicle  used  by  him  in  said  business.  Any  person  violating 
this  section  shall  be  fined  not  less  than  one  dollar,  nor  more  than  ten 
dollars  for  each  day  he  shall  neglect  or  refuse  to  place  his  name  on 
such  wagon  or  other  vehicle,  after  being  requested  so  to  do  by  any 
police  officer. 

Drivers  or  employees  of  unlicensed  wagons.  § 4.  AVho- 
ever,  as  driver,  agept  or  employee  of  the  owner  of  any  such  wagon 


City  of  Danville. 


173 


or  other  vehicle  used  in  the  sale  or  delivery  of  milk  as  aforesaid,  or 
as  the  employee  or  agent  of  the  owner  of  the  milk  so  sold  or  delivered, 
shall  drive  any  such  wagon  or  other  vehicle,  or  shall  sell  or  deliver 
milk  as  aforesaid,  without  his  employer  having  a license  as  required 
by  this  chapter,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  fifty  dollars  for  each  offense. 

Adulterated  milk.  § 5.  Whoever  shall  sell  or  offer  for  sale 
any  milk  adulterated  with  water,  or  with  any  other  liquid  or  sub- 
stance, or  any  milk  produced  from  any  sick  or  diseased  cow,  shall, 
for  each  offense,  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars.  And  any  police  officer  is  hereby  authorized 
and  empowered  to  seize  and  destroy  any  such  milk  sold  or  offered 
for  sale. 


CHAPTER  XXIII. 


MISDEMEANORS. 


Section. 

1.  Unlawful  assemblies. 

2.  Assaults — fighting — affrays. 

3.  Disorderly  conduct. 

4.  Permitting  unlawful  assemblies. 

5.  Disturbing  peace  of  city  or  family. 

6.  Disturbing  congregations. 

7.  False  ^larms  of  fire — cry  for  asssitance. 

8.  Drunkenness. 

9.  Indecent  exposure. 

10.  Obscene  books,  pictures,  etc. 

11.  Having  obscene  books,  etc.,  in  possession. 

12.  Obscene  writing  or  figure. 

13.  Indecent  exhibition  of  animals. 

14.  Gambling. 

, 15.  Inmates  of  gambling  houses. 

16.  Gaming  houses. 

17.  Leasing  premises  for  gaming. 

18.  Duty  of  police  force. 

19.  Police  to  destroy  gaming  implements. 

20.  Lotteries  prohibited. 

21.  Houses  of  ill-fame, 

22.  Inmates  of  houses  of  ill-fame. 

23.  Concealed  weapons. 

24.  Disorderly  house. 

25.  Disturbing  funeral. 

26.  Places  of  amusement  on  Sunday. 

27.  Amusements  on  Sunday. 

28.  Places  of  business  open  on  Sunday. 


174 


Ordinances  of  the 


29. 

30. 

31. 

32. 

33- 

34- 

35- 
36. 
37- 

38. 

39- 

40. 

41. 

42. 
43- 
44. 
45- 

46. 

47. 

48. 

49. 

50. 
5.1. 

52. 

53. 

54- 

55- 
56. 
57- 
58. 
59- 

60. 

61. 

62. 

63. 

64. 
65- 
66. 

67. 

68. 

69. 

70. 


73- 


Cruelty  to  animals. 

Fast  driving,  drunken  drivers,  etc. 

Leaving  animals  unfastened. 

Scaring  horses,  etc. 

Vehicles  to  pass  to  the  right. 

Weighing  gunpowder — kerosene. 

Sale  of  poison. 

Burglar  tools. 

Orange  peel,  banannas,  etc. 

Firing  cannon,  guns,  etc. 

Boys  making  disturbance,  etc. 

Dangerous  sports,  kite  flying,  etc. 

Throwing  stones — slings,  etc. 

Climbing  on  bridges,  fences,  trees,  etc. 

Injury  to  pavements,  etc. 

Injury  to  bridges,  buildings,  malicious  mischief,  etc. 
Injury  to  street  lamps,  telegraph  or  telephone  poles. 
Lighting  or  extinguishment  of  street  lamps. 

Climbing  on  lamp  posts — hitching  thereto. 

Hitching  horses  to  trees,  fences,  etc. 

Trespassing,  carrying  away  fruit,  etc. 

Trespassing  upon  private  premises. 

Posting  bills,  etc. 

Injuring  gas  boxes  or  water  pipes. 

Ball  playing  upon  streets. 

Signs  indicating  sale  of  liquors. 

Drinking  in  public. 

Vehicles  standing  on  streets. 

Meddling  with  fire  hydrants. 

Vagrants. 

Fast  driving  over  bridges. 

Idling  about  depots. 

Minors  to  keep  off  cars. 

Throwing  stones  at  street  cars. 

Minors  climbing  on  street  cars. 

Entering  street  cars,  refusing  fare,  etc. 

Disorderly  conduct  on  street  cars. 

Obstructions  to  operation  of  street  cars. 

Bill  boards,  etc. — when  a nuisance. 

Attempt  to  commit  offense. 

Accessories. 

Prostitutes  loitering  on  streets,  etc. 

Ringing  of  school  bells — penalty. 

Prohibits  boys  from  loitering,  etc.,  about  churches,  etc. 
Driving  unhaltered  horses  or  mules  through  the  streets. 


Unlawful  assembly.  § 1.  Any  two  or  more  persons  who 
shall  assemble  for  the  purpose  of  disturbing  the  peace,  or  of  com- 
mitting any  unlawful  act,  and  who  shall  not  disperse  when  commanded 
or  requested  bv  any  peace  officer,  shall,  each  and  severally,  be  subject 
to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

Assaults — fighting — affrays.  § 2.  Whoever  shall  assault, 
strike  or  fight  another,  or  attempt  or  offer  to  do  so,  or  shall  threaten 


City  of  Danville. 


175 


or  traduce  another,  or  shall  challenge  another  to  fight,  or  shall  agree 
to  fight  another,  or  shall  by  agreement  actually  fight  another,  or 
shall  be  guilty  of  an  affray,  within  the  limits  of  said  city,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  two  hundred  dollars. 

Disorderly  conduct.  § 3.  Whoever  shall  disturb  the  peace,  or 
shall  be  guilty  of  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  shall  use  obscene,  offensive,  profane  or  unseemly  lan- 
guage, to  the  annoyance,  disturbance  or  vexation  of  another,  or  shall 
be  guilty  of  any  conduct  calculated  to  provoke  a breach  of  the  peace, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Permitting  unlawful  assemblage.  § 4.  Whoever  shall 
knowingly  suffer  or  permit  any  assemblage  for  the  purpose  of  dis- 
turbing the  peace,  or  of  committing  any  unlawful  act,  or  shall  permit 
any  breach  of  the  peace,  or  any  riotous,  tumultuous,  offensive  or 
disorderly  conduct,  or  any  loud  or  unusual  noise  or  disturbance,  or 
obscene,  offensive,  profane  or  unseemly  language,  to  the  annoyance, 
disturbance  or  vexation  of  others,  in  or  upon  any  premises  owned  or 
occupied  by  him,  under  his  control,  shall  be  subject  to  a penalty  of 
not  less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Disturbing  peace  of  city  or  family.  § 5.  Whoever  shall 
disturb  the  peace  and  quiet  of  the  city,  or  any  neighborhood,  family 
or  person,  by  loud  and  unusual  noise,  shouting,  blowing  horns, 
yelling,  singing,  whistling,  or  by  tumultuous  and  offensive  carriage, 
or  other  boisterous  and  unseemly  conduct,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

Disturbing  congregations.  § 6.  Whoever  shall  disturb  any 
congregation  or  assembly  met  for  religious  worship,  or  forauy  other 
lawful  purpose,  shall  be  fined  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollars. 

False  alarm  of  fire — cry  for  assistance.  § 7.  Whoever 
shall  knowingly  make  or  give  a false  alarm  of  fire,  or  any  false  cry 
for  assistance,  shall  be  fined  not  less  than  three,  nor  more  than  one 
hundred  dollars.  • 

Drunkenness.  § 8.  Whoever  shall  be  drunk  or  shall  be  in  a 
state  of  intoxication  in  any  public  place,  or  in  any  private  house  or 
place,  to  the  annoyance  of  any  person,  shall  be  fined  not  less  than 
two  dollars,  nor  more  than  fifty  dollars. 

Indecent  exposure.  §9.  Whoever  shall  purposely  or  publicly 
make  any  indecent  exposure  of  his  or  her  person,  or  shall  appear  in 


176 


Ordinances  of  the 


a dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent  or  lewd 
dress,  or  in  a state  of  nudity,  or  shall  be  guilty  of  any  other  indecent 
or  lewd  act  or  behavior,  shall  be,  subject  to  a penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars. 

Sale  of  obscene  books,  etc.  § 10.  Whoever  shall  bring  within 
the  limits  of  said  city,  for  the  purpose  of  sale  or  exhibition,  or  shall 
sell  or  offer  to  sell,  or  shall  give  away  or  offer  to  give  away,  or  shall 
in  any  manner  exhibit,  or  shall  make,  draw,  print  or  publish  any 
obscene,  indecent  or  scandalous  book,  pamphlet,  newspaper,  journal, 
print,  publication,  paper  or  writing  of  any  kind,  or  any  obscene, 
indecent  or  lewd  picture,  drawing,  engraving,  card,  photograph, 
model,  cast  or  instrument,  or  any  article  of  indecent  or  immoral  use, 
shall,  on  conviction,  be  fined  not  less  than  twenty-five  dollars,  nor 
more  than  two  hundred  dollars  for  each  offense. 

Having  obscene  books,  etc.,  in  possession.  §11.  Whoever 
shall  keep  or  have  in  his  possession,  within  said  city,  any  of  the 
obscene  or  indecent  articles  or  things  mentioned  in  the  last  preceding 
section,  with  or  without  intent  to  sell  or  dispose  of  the  same,  shall, 
on  conviction,  be  fined  not  less  than  five  dollars,  nor  more  than  fifty 
dollars. 

Obscene  writing  or  figure.  § 12.  Whoever  shall,  in  any 
place  open  to  public  view,  write,  mark,  draw,  cut  or  make  any 
obscene  or  indecent  word,  sentence,  design  or  figure,  shall  be  fined 
not  less  than  five  dollars,  nor  more  than  one  hundred  dollars. 

Indecent  exhibition  of  animals.  § 13.  Whoever  shall  inde- 
cently  exhibit  any  studhorse,  bull,  jack  or  other  animal.in  any  public 
place,  or  shall  let  any  such  animal  except  in  some  inclosed  place  out 
of  public  view,  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars, and  not  exceeding  one  hundred  dollars. 

Gambling.  § 14.  Whoever  shall  in  any  manner  gamble  or  play 
for  money  or  other  valuable  thing,  or  for  any  check  or  anything 
representing  or  intended  to  represent  money  or  other  valuable  thing, 
at  any  game  with  cards,  dice,  checks,#billiards;  or  with  any  other 
article,  instrument  or  thing  whatsoever  which  may  be  used  for  the 
purpose  of  playing  or  betting  upon  or  winning  or  losing  money  or 
other  thing  of  value,  or  whoever  shall  bet  on  any  such  game  when 
played  by  others,  shall,  for  either  offense,  be  fined  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars. 

Inmates  of  gambling  houses,  etc.  § 15.  Whoever  shall  be 
an  inmate  of  any  room,  house  or  place  where  gaming  of  any  kind 


City  of  Danville. 


177 


is  going  on  or  is  allowed,  or  whoever  shall  frequent  the  same  or  shall 
be  found  therein,  shall,  for  either  offense,  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars. 

Gaming  house.  § 16.  Whoever  shall  keep  or  maintain  any 
gaming  house  gr  room,  or  any  place  where  gaming  or  betting  of 
any  kind  is  done  or  going  on,  or  whoever  shall  procure  or  permit 
any  persons  to  come  together  in  any  house,  rooms  or  place  occupied 
or  owned  by  him  or  under  his  control,  for  the  purpose  of  playing 
at  any  game  for  money  or  other  valuable  thing,  or  anything  repre- 
senting or  intended  to  represent  money  or  other  thing  of  value,  or 
shall  permit  any  such  persons  to  play  at  any  such  game  aforesaid 
when  they  have  come  together  in  any  such  room,  house  or  place  as 
aforesaid,  or  whoever  shall  keep  or  permit  to  be  used  in  any  building, 
room,  yard,  or  place  occupied,  controlled  or  owned  by  him,  or  have 
in  his  possession  any  keno  or  faro  table,  faro  bank,  roulette  or  other 
gaming  implement,  instrument,  device  or  thing  commonly  used  for 
the  purpose  of  gaming,  shall,  in  either  case,  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  two  hundred  dollars. 

Leasing  premises  for  gaming.  § 17.  Whoever  shall  know- 
ingly rent  or  lease  to  another  any  building,  room  or  premises  to  be 
used  or  occupied,  in  whole  or  in  part,  as  a gaming  house  or  place 
for  persons  to  come  together  to  play  for  money  or  other  valuable 
tiling  at  any  game,  or  to  bet  upon  any  game  of  chance,  or  shall 
knowingly  permit  the  same  to  be  so  used  or  occupied,  shall  be  fined 
not  less  than  ten  dollars,  nor  more  than  two  hundred  dollars. 

Duty  of  police  force — Refusal  of  admittance  of  police — 
penalty.  § 18.  It  shall  be  the  duty  of  all  members  of  the  police 
force  to  report  to  the  mayor,  each  house,  room  or  place,  within  the 
city,  wherein  gaming  of  any  kind  is  carried  on,  or  wherein  any 
games,  devices,  tables  or  other  instruments  or  things  for  the  purpose 
of  gaming,  are  or  may  be  set  up  or  maintained  ; and  said  police 
officers  shall  use  and  take  all  lawful  means  to  suppress-  and  prevent 
gaming,  or  the  playing  at  the  tables,  games  or  devices  aforesaid,  and 
for  this  purpose,  when  and  as  often  as  any  one  of  them  shall  have 
reasonable  cause  to  suspect  that  any  such  table,  game  or  device  is  set 
up,  kept  or  maintained  as  aforesaid,  or  that  any  gaming  of  any  kind 
is  being  carried  on  or  done  in  any  house,  room  or  place,  contrary  to 
the  ordinances  of  the  city,  he  shall  make  complaint  thereof  before 
some  police  magistrate  or  justice  of  the  peace,  and  obtain  a warrant 
authorizing  him  to  enter  such  building,  room  or  place ; and  said 
police  officer  shall  then  have  authority  to  demand  entry  therein,  and 
12 


178 


Ordinances  of  the 


any  person  or  persons  who  shall  refuse  or  neglect  to  open  the  door 
or  entrance  to  such  house,  room,  or  place,  upon  the  application  of  any 
.police  officer  having  such  warrant,  shall  forfeit  and  pay  a fine  of  not 
less  than  twenty  dollars  nor  more  than  two  . hundred  dollars  for  each 
offense. 

Police  to  destroy  gaming  implements.  §*19.  It  is  hereby 
made  the  duty  of  every  member  of  the  police  force  to  seize  any 
table,  instrument  or  device  or  thing  used  for  the  purpose  of  gaming, 
and  all  such  tables,  instruments,  devices  or  things  shall  be  destroyed. 
Any  person  resisting  or  obstructing  any  member  of  the  police  force 
in  the  performance  of  any  act  authorized  by  this  section  shall  be 
fined  not  less  than  twenty-five  dollars,  nor  more  th^n  fifty  dollars 
for  each  offense. 

Lotteries  prohibited.  § 20.  Whoever  shall  maintain  or  run 
or  be  in  any  way  connected  with  any  lottery,  or  any  other  enterprise 
or  business,  by  whatever  name  the  same  may  be  known,  wherein 
any  property  is  sold  or  disposed  of  by  chance,  or  whoever  shall  sell 
or  dispose  of  any  lottery  ticket  or  share  or  any  chance,  or  any  article 
or  thing  entitling  or  purporting  to  entitle  the  purchaser  thereof  to 
any  chance,  or  whoever  shall  sell  or  dispose  of  any  package  or  article 
purporting  to  contain  a prize,  or  where  as  an  inducement  it  is  held 
out  that  such  article  or  package  may  contain  a prize  or  may  entitle 
the  purchaser  to  some  article  or  thing  of  value  not  directly  contem- 
plated and  known  in  the  purchase,  shall  be  fined  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars  for  each  offense. 

Houses  of  ill-fame.  § 21.  Whoever  shall  keep  or  maintain 
any  bawdy  house,  house  of  ill-fame  or  of  assignation,  or  any  room 
or  place  for  the  practice  of  fornication  within  said  city  or  within 
three  miles  from  the  outer  boundaries  thereof,  or  shall  knowingly 
suffer  or  permit  any  premises  owned  or  occupied  by  him  or  under 
his  control  within  said  city  or  within  the  limits  aforesaid  to  be  used 
for  that  purpose,  shall  be  fined  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars. 

Inmates  of  houses  of  ill-fame,  etc.  § 22.  Whoever  shall  be 
an  inmate  of  any  bawdy  house,  house  of  ill-fame,  or  any  room  or  place 
for  the  purpose  of  fornication  situated  within  said  city  or  within 
three  miles  of  the  outer  boundaries  thereof,  or  shall  in  any  way  con- 
tribute to  the  support  thereof  or  be  connected  therewith,  or  whoever 
shall  be  found  therein,  shall,  for  each  offense,  be  fined  not  less  than 
five  dollars,  nor  more  than  one  hundred  dollars. 


City  of  Danville. 


179 


Concealed  weapons.  § 23.  Whoever  shall  carry  concealed 
upon  or  about  his  person  any  pistol,  revolver,  derringer,  bowie-knife, 
dirk,  slungshot,  metallic  knuckles  or  a razor  as  a weapon,  or  any 
other  deadly  weapon  of  like  character  capable  of  being  concealed 
upon  the  person,  or  whoever  shall  in  a threatening  or  boisterous 
manner  flourish  or  display  the  same,  shall  be  fined  not  less  thau  five 
dollars,  nor  more  than  one  hundred  dollars,  and  in  addition  to  the 
said  penalty  shall,  upon  ihe  order  of  the  magistrate  before  whom 
such  conviction  is  had,  forfeit  the  weapon  so  carried  to  the  city. 

Disorderly  house.  § 24.  Whoever  shall  keep  a common,  ill- 
governed  and  disorderly  house,  to  the  encouragement  of  idleness, 
gaming,  drinking,  fornication  or  other  misbehavior,  shall  be  fined 
not  exceeding  two  hundred  dollars. 

Disturbing  funeral.  § 25.  Whoever  shall  willfully  interrupt 
or  disturb  any  funeral  assembly  or  funeral  procession,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  two  hundred  dollars. 

Places  of  amusement  open  on  Sunday.  § 26.  Whoever 
shall,  on  Sunday,  keep  open  any  billiard  room.,  ball  or  pin  alley, 
house,  beer  garden,  ground  or  other  place  of  amusement,  or  shall 
suffer  or  permit  persons  to  assemble  therein  for  the  purpose  of 
amusement  or  play,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars. 

Amusements  on  Sunday.  § 27.  Whoever  shall,  on  Sun- 
day, play  ball,  or  disturb  the  peace  or  good  order  of  sooiety  by  any 
play  or  amusement,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars. 

Place  of  business  open. on  Sunday.  § 28.  Whoever  shall, 
x>n  Sunday,  (except  in  cases  of  necessity  or  for  charitable  purposes,  or 
where  the  party  shall  conscientiously  and  on  religious  principle 
observe  some  other  day  of  the  week  as  the  Sabbath,)  keep  open  his 
place  of  business  or  pursue  his  daily  business  or  avocation,  or  shall 
require  or  permit  any  hand,  servant  or  employee  to  labor  or  work 
at  such  business  or  avocation,  shall  be  fined  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars:  Provided,  This  section  shall 
not  apply  to  hotels,  eating  houses,  livery  stables,  or  the  operation  of 
street  or  other  railways. 

Cruelty  to  animals.  § 29.  Whoever  shall,  in  any  manner  or 
by  any  means,  be  guilty  of  cruelty  to  any  dumb  animal,  or  shall  be 
guilty  of  turning  out  and  abandoning  any  old,  decrepid  or  worthless 
animal  upon  the  public  streets  or  commons,  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 


180 


Ordinances  of  the 


Fast  driving — drunken  drivers.  § 30.  Whoever  shall  run,, 
race  or  immoderately  ride  or  drive  any  horse,  mule  or  other  animal 
or  any  team  in  any  street  or  alley  of  said  city,  or  whoever  shall  ride 
or  drive  the  same  when  intoxicated,  or  whoever  shall  willfully  or 
heedlessly  drive  such  animal  so  that  such  animal  or  any  vehicle 
attached  thereto  shall  come  into  collision  with  any  other  animal  or 
’vehicle,  or  shall  strike  any  person,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars. 

Leaving  animals  unfastened.  § 31.  Whoever  shall  leave 
any  horse,  mule  or  other  animal  attached  to  any  vehicle  or  convey- 
ance, in  any  uninclosed  place  without  being  securely  fastened  or 
guarded,  so  as  to  prevent  its  running  away,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

Scaring  horses.  § 32.  Whoever  shall,  by  riding  any  bicycle 
in  the  streets  or  on  the  sidewalks  of  said  city,  or  shall  by  any  other 
means  willfully  or  negligently  frighten  any  horse,  mule  or  other 
animal  being  at  the  time  ridden  by  any  person  or  attached  to  any 
vehicle,  shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty 
dollars. 

Vehicles  to  pass  to  the  right.  § 33.  Any  person  driving 
any  vehicle  upon  any  street,  bridge  or  thoroughfare  of  said  city  shall, 
upon  meeting  any  other  vehicle  or  the  cars  of  the  Danville  Gas, 
Electric  Light  and  Street  Railway  (Company,  turn  off  and  drive  to  the 
right,  so  as  to  pass  the  same  without  injury.  Any  person  who  shall 
injure  the  person  or  property  of  another,  by  violating  this  section, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars. 

Weighing  of  gunpowder — kerosene.  §34.  Whoever  shall, 
by  gaslight,  lamplight  or  any  artificial  light,  weigh  any  gunpowder  or 
gun-cotton,  or  draw  any  kerosene-oil  or  burning-fluid  from  any  cask 
or  barrel,  shall  be  fined  not  less  than  one  dollar,  nor  more  than  fifty 
dollars. 

Poison — sale  of.  § 35.  Whoever  shall  keep,  sell  or  deliver 
any  poison  usually  known  or  used  as  deadly  poison,  without  legibly 
marking  the  name  thereof  or  the  word  “ Poison ■”  upon  the  vial, 
wrapper  or  other  inclosure  containing  the  same,  or  whoever  shall  sell 
or  deliver  anv  arsenic,  strychnine,  prussic  acid  or  other  poison  usually 
known  or  used  as  a deadly  poison  to  any  person  known  to  him, without 
registering  the  name  of  such  person,  and  the  kind  and  quality  of  the 
poison  sold  or  delivered  and  the  purpose  for  which  the  same  was 
obtained;  or  whoever  shall  sell  or  deliver  any  such  poison  to  any 
person  to  him  unknown,  shall  be  subject  to  a penalty  of  not  less  than 


City  of  Danville. 


181 


five  dollars,  and  not  exceeding  one  hundred  dollars  in  each  case* 
But  the  sale  or  delivery  of  any  such  poison  as  a medicine,  upon  the 
prescription  of  a practicing  physician,  shall  not  be  deemed  a viola- 
tion of  this  section. 

Burglar  tools.  § 36.  Whoever  shall  have  in  his  possession 
any  nippers  of  the  description  known  as  burglar’s  nippers,  or  any 
picklock,  skeleton-key,  key  to  be  used  with  a bit  or  bits,  jimmey  or 
other  burglar’s  tool  or  instrument  of  whatever  kind  or  description, 
unless  it  be  shown  that  such  possession  is  innocent  or  for  a lawful 
purpose,  shall  be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  two  hundred  dollars. 

Orange  peel,  bananxa,  etc.  § 37.  Whoever  shall  throw, 
cast,  lay  or  place  on  any  sidewalk  in  said  city  the  rind  or  peel  of  any 
orange,  bananna,  apple  or  other  fruit,  shall  be  fiued  not  less  than  one 
dollar,  nor  more  than  ten  dollars. 

Firing  cannon,  guns,  firecrackers,  etc.  § 38.  Whoever 
shall  fire  or  discharge  any  cannon,  gun,  pistol,  revolver,  or  any  fire- 
arm of  any  description,  or  shall  fire,  explode  or  set  off  any  squib, 
firecracker,  torpedo  or  other  thing  containing  powder,  or  othey 
explosive  material,  without  permission  from  the  mayor  so  to  do,  shall 
be  fined  not  less  than  one  dollar,  nor  more  than  twenty  dollars. 
Such  permission,  when  given,  shall  definitely  limit  the  time  of  such 
firing,  and  may  at  any  time  be  revoked. 

Boys  making  disturbance,  etc.  § 39.  Any  two  or  more  boys 
who  may  be  assembled  together  and  disturbing  any  lawful  assembly 
of  peiams,  or  making  any  unusual  noise  or  disturbance,  to  the  clis- • 
quiet  or  annoyance  of  the  neighborhood,  or  who  may  be  found 
loitering  or  strolling  about  in  the  night-time,  and  who  shall  not 
disperse  and  go  to  their  several  homes  when  required  by  the  mayor 
or  any  police  officer,  shall  each  severally  be  subject  to  a penalty  not 
exceeding  five  dollars  in  each  case. 

Dangerous  sports,  kite  flying,  etc.  § 40.  No  boy  or  other 
person  shall,  in  the  inhabited  part  of  the  city,  use  or  drive  any 
hoop,  or  play  with  any  ball,  or  use  any  bow  and  arrow,  or  raise  and 
fly  any  kite  or  smoke  or  fire  balloon,  or  fire,  explode  or  set  off  any 
fire  arms,  fire  balls,  fire  crackers,  torpedoes,  rockets,  or  other  fire 
works,  or  shall  otherwise  pursue  any  amusement  or  exercise 
calculated  to  impede  travel  or  frighten  animals,  or  injure  or  annoy 
persons  passing  along  the  streets  or  sidewalks,  under  a penalty  not 
exceeding  five  dollars  in  each  case. 


182 


Ordinances  oe  the 


Throwing  stones — slings,  etc. — duty  of  officers.  § 41. 
Any  boy,  or  other  person,  who  shall  cast  or  throw  any  stone,  brick, 
club,  snow  ball  or  other  missile  at  any  person,  or  from  or  into  any 
public  place,  or  at,  against,  into  or  upon  any  tree,  building,  premises, 
or  other  property,  or  shall  use,  play  with  or  have  in  his  possession 
a sling  of  any  character,  or  any  other  instrument  or  device  whatsoever, 
for  the  casting  or  throwing  of  stone,  bullet  or  other  thing,  shall  be 
fined  not  exceeding  twenty  dollars.  And  it  is  hereby  made  the  duty 
of  any  police  officer  of  this  city,  to  take  possession  of,  and  destroy 
any  such  sling,  instrument,  or  device  found  in  the  possession  of  any 
such  boy  or  person  as  aforesaid. 

Climbing  on  bridges,  fences,  trees,  etc.  § 42.  Any  boy  or 
other  person  who  shall  walk  upon  the  top  of, any  bridge  or  the  railing 
thereof,  or  on  the  top  or  capping  of  any  fence  or  railing,  or  shall 
climb  upon  the  same,  or  into  any  shade,  fruit,  or*  ornamental  tree, 
upon  any  sidewalk  or  in  any  lot  or  premises,  without  the  consent  of 
the  owner  thereof,  or  shall  meddle  with  any  public  well,  cistern,  or 
pump,  shall  in  either  case,  be  subject  to  a penalty  of  not  exceeding 
ten  dollars. 

Injury  to  pavement,  etc. — obstructing  public  improve- 
ment. § 43.  Whoever  shall  tear  up  or  injure  any  pavement, 
Sidewalk,  cross  walk,  drain  or  sewer,  or  shall  hinder  or  obstruct  the 
making  or  repairing  of  the  same,  or  of  any  other  public  work  or 
improvement  being  done  under  city  authority,  shall  be  fin&d  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Injury  to  bridges,  buildings,  etc. — malicious  mischief. 
§ 44.  Whoever  shall  willfully,  maliciously,  or  negligently  destroy, 
injure,  mark,  cut,  or  write  upon,  or  otherwise  deface  or  injure,  any 
bridge  or  its  appurtenances,  or  any  public  or  private.building,  fence, 
railing  or  any  public  property  of  the  state,  county  or  city,  or  any 
private  property,  or  be  guilty  of  any  kind  of  malicious  mischief, 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars. 

Injury  to  street  lamps,  telegraph  and  telephone  posts,, 
etc.  § 45.  Whoever  shall  willfully,  maliciously  or  negligently  break, 
deface,  destroy  or  in  any  manner  injure  any  street  lamp  or  lamp 
post,  telephone,  electric  light  or  telegraph  post,  telephone,  electric 
light  or  telegraph  wires,  shall  be  subject  to  a penalty  of  not  less, 
than  five  dollars,  and  not  exceeding  one  hundred  dollars. 


City  of  Danville. 


183 


Lighting  or  extinguishing  street  lames.  § 46.  Whoever 
shall,  without  due  authority,  light  or  extinguish  any 'street  lamp, 
shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 

Climbing  upon  lamp  posts — hitching  thereto,  etc.  § 47. 
Whoever  shall  climb  upon  any  street  lamp  post,  or  fasten  any  horse 
or  other  animal  thereto,  or  shall  hang  or  place  any  goods,  boxes, 
wood  or  other  substance  upon  or  against  the  same,  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

Hitching  horses  to  trees,  fences,  etc.  § 48.  Whoever  shall 
hitch  or  fasten  any  horse,  or  other  animal  to  any  ornamental  or 
shade  tree,  or  to  any  fence  or  railing,  or  to  any  building  or  structure 
upon  any  street,  alley  or  sidewalk,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  fifty  dollars. 

Trespassing  and  carrying  away  fruit,  etc.  § 49.  Whoever 
shall  trespass  upon  any  private  premises,  or  public  grounds,  and 
injure,  destroy  or  carry  away  any  flower,  fruit,  vegetable,  plant, 
shrub,  tree  or  other  thing,  which  may  be  there  for  ornament  or 
otherwise,  shall  be  subject  to  a penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars. 

Trespass  upon  private  premises.  § 50.  Whoever  shall  be 
found  trespassing  ' upon  the  premises  of  another  within  said  city, 
shall  be  fined  not  exceeding  fifty  dollars. 

Posting  bills,  etc.  § 51.  Whoever  shall,  without  the  consent 
of  the  owner  or  occupant  of  the  premises,  post  or  place  any  hand 
bill,  show  bill,  placard  or  notice,  or  paint  any  sign  or  advertisement, 
upon  any  tree,  fence,  wall,  barn,  out-house,  telephone,  telegraph, 
electric  light  or  street  railway  pole,  or  building  of  any  kind,  shall 
be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Injuring  gas  service  boxes  or  water  pipes.  § 52.  Whoever 
shall  willfully  remove,  injure,  destroy  or  carry  away  any  cap  or  lid, 
placed  upon  service  boxes  of  the  gas  light  company,  or  service  pipes 
of  water  works  company,  upon  the  sidewalks  of  the  city,  shall  be 
subject  to  a penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars. 

Ball  placing  upon  streets,  etc.  § 53.  Whoever  shall  play 
at  ball,  cricket  or  other  game  wherein  a ball  is  used,  upon  any  street 


184 


Ordinances  of  the 


alley,  or  upon  any  public  ground  or  place,  or  upon  any  private 
premises  without  the  consent  of  die  owner,  or  occupant  thereof, 
shall  be  fined  in  any  sum  not  exceeding  ten  dollars. 

Signs  indicating  sale  of  liquors,  prohibited  when.  § 54. 
No  person  or  persons  within  the  limits  of  said  city,  not  having  a 
legal  license  to  retail  intoxicating  liquors,  shall  exhibit  or  permit 
any  sign,  letters  or  caricature  on  the  outside  of  his  building  or 
place,  nor  shall  keep  nor  permit  to  be  kept  any  bar  with  bottles, 
barrels,  kegs  or  other  vessels,  whatever,  whether  containing  such 
liquors  or  not  within  his  building  or  place,  occupied  by  him  or  her, 
indicating  or  which  shall  be  intended  to  indicate,  that  any  vinous, 
spiritous,  mixed,  malt,  or  other  intoxicating  liquors  whatever,  are 
kept  and  sold  at  such  places  in  less  quantity  than  one  gallon,  under 
a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars  for  each  day  the  same  shall  remain  in  such  place. 

Drinking  a public  nuisance.  § 55.  If  two  or  more  persons 
shall  assemble  together,  or  who,  being  together,  shall,  in  any  public 
place  or  in  anyplace  open  to  public  view  within  the  corporate  limits 
of  the  city  or  Danville,  drink  any  vinous,  spirituous,  fermented, 
mixed,  malt  or  other  intoxicating  liquors  of  any  kind  whatsoever, 
they  shall  be  deemed  guilty  of  creating  a nuisance,  and  shall  each 
be  subject  to  a penalty  of  not  less  than  five,  and  not  exceeding  one 
hundred  dollars  for  each  offense. 

Vehicles  standing  on  streets.  § 56.  Whoever  shall  leave 
any  sled,  cart,  dray,  buggy  or  other  vehicle,  standing  in  or  upon 
any  street  or  alley  of  said  city,  wh’en  the  same  is  not  in  use,  shall 
for  each  offense  be  fined  not  exceeding  ten  dollars. 

Meddling  with  fire  hydrant.  § 57,  Whoever  shall,  unless 
authorized  by  the  water  works  company,  the  chief  of  the  fire 
department,  or  the  mayor  of  the  city,  take  water  from  any  public 
fire  plug  or  hydrant,  or  shall  remove  the  cover  from  the  same,  or  place 
any  earth  or  other  material  in  any  such  fire  plug  or  hydrant,  or  in 
the  box  or  appendage  thereto,  or  shall  in  any  other  manner  interfere 
with  or  injure  the  same,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  one  hundred  dollars.  This  section  not  to  apply  to 
the  legitimate  use  of  such  fire  plugs  or  hydrants  by  any  fire 
company  of  said  city. 

Vagrants.  § 58.  Any  person  able  to  work  and  support  himself 
by  any  honest  and  respectable  calling,  not  having  visible  means 
of  support,  who  shall  live  idly  without  lawful  employment,  or  shall 
loiter  or  stroll  about  begging,  or  shall  stroll,  loiter  about  the  streets 


or  railroad  depots,  or  railroad  grounds,  or  sleep  in  railroad  cars,  or 
be  found  therein,  or  frequent  gaming  houses,  disorderly  or  bawdy 
houses,  groceries,  tippling  houses,  or  other  places  where  intoxicating 
liquors  are  sold,  or  shall  otherwise  lead  an  idle  or  profligate  course 
of  life;  or  any  person  who  shall  keep  any  gaming  house,  or  keep 
or  exhibit  an}7  gaming  implements  for  the  purpose  of  gaming 
therewith,  or  shall  pursue  gaming,  or  who  shall  keep,  maintain  or 
be  an  inmate  of  any  house  of  prostitution,  or  who  shall  have  in  his 
possession  any  implements  used  for  counterfeiting  or  for  the 
commission  of  burglary,  or  for  picking  locks  or  pockets,  or  any 
implement  or  device  used  by  cheats  and  swindlers,  without  being  phle 
to  give  a good  account  of  his  possession  of  the  same,  or  who  shall 
trespass  upon  private  property,  or  who  shall  sleep  in  sheds,  stables, 
out  houses,  or  in  the  open  air,  without  being  able  to  give  a good 
account  of  himself  or  herself,  shall  be  deemed  a vagrant,  and  shall 
be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars. 

Fast  driving  over  bridges.  § 59.  Whoever  shall  ride  or  drive 
faster  than  a walk  over  any  bridge  in  the  said  city  shall,  for  each 
offense,  be  fined  in  a sum  not  less  than  one  dollar,  and  not  exceeding 
ten  dollars. 

Idling  about  depots  — interfering  with  property,  etc. 
§ 60.  Any  person  who  shall  idle,  loaf  or  loiter  in  or  around  the 
depot  of  any  railway,  or  upon  the  platforms  or  grounds  adjoining 
thereto  and  used  in  connection  therewith;  or  shall  in  any  manner 
impede,  obstruct  or  disturb  any  officer  or  employee  of  such  railway 
while  engaged  in  performing  his  lawful  business  connected  therewith  ; 
or  shall  in  any  manner  molest,  disturb,  meddle  with,  or  take  or 
carry  away  any  property  of  such  company,  or  any  property  in  course 
of  transportation  thereon,  without  permission  from  the  proper 
agents  or  servants  of  the  company  operating  said  railway;  or  shall 
in  any  manner  interfere  with  or  disturb  any  passenger  or  traveler 
in  or  about  such  depot,  platform  or  grounds,  or  other  person  having 
lawful  business  to  transact  there,  shall  in  either  case  be  guilty  of  a 
misdemeanor  and  be  fined  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars. 

Minors  to  keep  off  cars,  etc.  § 61.  Any  minor  or  other 
person,  who  shall  climb,  jump,  step,  stand  upon,  cling  to,  or  in  any 
way  attach  himself  to  any  locomotive,  engine  or  car,  either  stationary 
or  in  motion,  upon  any  part  of  the  track  of  any  railroad,  unless  in 
so  doing,  he  shall  be  acting  in  compliance  with  law,  or  by  permission 
under  the  lawful  rules  and  regulations  of  the  corporation  then 


186 


Ordinances  of  the 


owning  or  managing  such  railroad,  shall  be  fined  in  any  sum  not 
exceeding  twenty  dollars.  This  section  to  be  applicable  to  steam 
railways. 

Throwing  stones  etc.,  at  street  cars.  § 62.  Whoever  shall 
throw  at  or  against'  any  street  car,  or  at  or  against  any  animal 
hitched  to  the  same,  or  at  or  against  any 'person  riding  or  being  on 
the  same,  any  stone  or  other  missile,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Minors  climbing  on  sireet  cars,  etc.  § 63.  Any  minor  or 
other  person  who  shall  climb,  jump,  stand  upon,  cling  to  or  in  any 
way  attach  himself  to  any  street  car,  either  standing  or  moving 
upon  any  part  of  the  track  of  any  street  railway  in  said  city,  unless 
in  doing  so,  he  shall  be  acting  in  compliance  with  law,  or  by 
permission  under  the  lawful  rules  and  regulations  of  the  corporation 
owning  or  operating  said  railway,  shall  be  fined  in  any  sum  not 
exceeding  twenty  dollars. 

Entering  street  cars,  refusing  fare,  etc.  § 64.  Whoever 
shall  enter  any  street  car  and  shall  refuse  to  pay  the  lawful  fare 
demanded  of  him  by  the  driver  or  conductor  thereof'  and  shall  fail 
or  refuse  to  leave  said  car  when  requested  so  to  do  by  the  driver  or 
conductor,  shall  be  fined  not  less  than  three,  nor  more  than  one  hun- 
dred dollars. 

Disorderly  conduct  on  street  cars.  § 65.  Whoever  shall 
conduct  himself  or  herself  in  a noisy  or  tumultuous  manner  upon  any 
street  car,  or  who  shall  be  guilty  of  any  conduct  upon  any  such  car 
as  shall  be  calculated  to  disturb  or  annoy  any  person  riding  or  being 
upon  the  same,  shall  be  fined  not  less  than  three,  nor  more  than  one 
hundred  dollars  for  each  offense. 

Obstructions  to  operation  of  street  car.  § 66.  Whoever 
shall  place  or  leave  upon  any  track  or  rail  of  any  street  railway  in 
said  city  any  stone  or  other  obstruction,  or  shall  in  any  manner 
injure  any  such  track  or  rail,  or  shall  unnecessarily  impede  or 
obstruct  the  running  of  any  street  car  on  said  track  or  rail,  or  shall 
injure  or  deface  any  street  car  or  any  portion  thereof,  shall  be  fined 
not  less  than  three,  and  not  more  than  one  hundred  dollars  for  each 
offense.  A nd  a refusal  or  failure  by  any  person  driving  or  riding  upon 
or  along  any  such  track  or  rail  to  leave  the  same,  so  as  to  allow  such 
street  car  to  pass,  when  warned  to  do  so  by  the  ringing  of  the  bell 
upon  such  street  car,  shall  be  deemed  an  obstruction  of  such  rail  or 
track  within  the  meaning  of  this  ordinance. 


City  of  Danville. 


18' 


BrLL  boards — WHEN  a nuisance.  § 67.  Whoever  slial  1 erect, 
keep  or  maintain  any  bill-board  or  board  for  advertising  upon  in 
any  public  ground  or  place,  or  upon  any  private  premises  adjacent 
to  any  sidewalk,  street  or  footway,  the  same  being  so  erected  as  to 
occasion  danger  or  inconvenience  to  the  public,  shall  be  deemed 
guilty  of  a nuisance,  and  be  fined  not  less  than  five  dollars,  nor  more 
than  twenty  dollars. 

Attempt  to  commit  offense.  § 68.  Whoever  attempts  to 
commit  any  offen.se  prohibited  by  ordinance,  and  does  any  act  toward 
it  but  fails,  or  is  intercepted  or  prevented  in  its  execution,  where  no 
express  provision  is  made  by  ordinance  for  the  punishment  of  such 
attempt,  shall,  on  conviction  of  such  attempt,  be  subject  to  the  same 
penalty  as  by  ordinance  prescribed  for  the  actual  commission  of  the 
offense. 

Accessories,  etc.  § 69.  Whoever  aids,  abets,  assists,  advises, 
or  encourages  the  commission  of  any  act  prohibited  by  ordinance,  or 
by  any  indirect  means  procures  any  such  offense  to  be  committed, 
or  whoever  commits  an  offense  through  the  intervention  of  an  agent, 
servant,  employee  or  person  under  his  control,  shall  be  deemed  guilty 
to  the  same  extent,  and  may  be  proceeded  against  in  the  same  man- 
ner as  though  said  offense  had  been  committed  by  him  directly  and 
with  his  own  hand.  And  any  such  agent,  servant  or  other  person, 
doing  any  prohibited  act  for  and  on  behalf  of  another  shall  be  deemed 
guilty  of  such  act  equally  with  his  employer  or  principal,  and  be 
subject  to  the  same  penalty,  except  in  such  cases  where  a different  or 
other  penalty  is  provided  by  ordinance  for  such  agent  or  employee. 

Prostitutes  loitering  on  streets,  etc.  § 70.  Any  lewd 
woman  or  prostitute  who  shall  in  any  manner  ply  her  vocation  upon 
the  streets,  alleys,  public  places  or  parks  of  said  city  by  loitering  or 
in  any  manner  soliciting  to  acts  of  lewdness,  or  who  shall  be  found 
loitering  on  the  streets  during  the  night-time,  shall,  u£>on  conviction, 
be  fined  in  any  sum  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars  for  each  offense. 

Ringing  of  school  bells.  § 71.  No  bell  of  any  school 
house  or  building  used  for  school  purposes  within  said  city  shall  be 
rung  between  the  hours  of  eight  o’clock  in  the  evening  and  six 
o’clock  and  thirty  minutes  the  following  morning  from  May  1st  to 
November  1st,  and  from  seven  o’clock  in  the  evening  to  six  o’clock  and 
thirty  minutes  the  following  morning  from  November  1st  to  May  1st 
of  each  year.  Any  person  violating  the  provisions  of  this  section 
shall  be  fined  in  any  sum  not  less  than  five  dollars,  nor  more  than 


188 


Ordinances  of  the 


ten  dollars  for  each  offense  : Provided , That  this  section  shall  not 
apply  where  such  bells  are  rung  in  case  of  fire,  for  fire  alarm. 

Prohibits  boys  from  loitering,  etc.,  about  churches,  etc. 
§ 72.  It  shall  be  unlawful  for  boys  to  loiter  or  congregate  upon  the 
streets,  sidewalks  or  alleys  of  this  city  in  the  vicinity  of  any  church, 
school,  theatre,  hotel,  railroad  depot,  store,  factory  or  other  public 
place,  to  the  annoyance  or  disturbance  of  any  person  or  persons. 
Any  two  or  more  boys  who  shall  be  loitering  or  strolling  about  the 
streets  or  alleys,  or  who  shall  congregate  upon  the  streets,  sidewalks 
or  alleys  of  the  city  in  the  vicinity  of  any  such  church,  school, 
theatre,  hotel,  railroad  depot,  store,  factory  or  other  public  place, 
and  who  shall  refuse  to  disperse  and  go  to  their  respective  homes 
when  requested  to  do  so  by  anv  member  of  the  police  force  or  by  any 
person  annoyed  thereby,  shall,  upon  conviction,  be  fined  not  less 
than  one  dollar,  nor  more  than  ten  dollars  for  each  offense. 

Driving  unhaltered  horses  or  mules  through  the 
streets.  § 73.  It  shall  be  unlawful  to  drive  any  horses  or  mules 
through  the  streets  and  alleys  of  this  city* unless  they  be  securely 
haltered  or  controlled  and  led  by  any  person  who  is  competent  and 
having  control  thereof.  Any  person  violating  the  provisions  of  this 
section  shall  be  fined  not  less  than  three  dollars,  and  not  more  than 
thirty  dollars. 


I 


City  of  Danville. 


189 


CHAPTER  XXIV. 

NUISANCE. 

Section. 

i.  Pens  and  stables. 

*2.  Accumulation  of  manure. 

3.  Suffering  premises  to  become  foul. 

4.  Foul  liquids,  etc. 

5.  Depositing  offensive  matter  in  river,  etc. 

6.  Green  and  salted  hides — a nuisance.  When. 

7.  Dead  animals. 

8.  Removal  of  dead  animals. 

9.  Trap  doors,  gratings,  etc. 

10.  Removal  of  offensive  matter. 

11.  Carts  and  vehicles  carrying  offensive  matter. 

12.  Slaughter  houses — other  offensive  establishments. 

13.  Operating  slaughter  houses,  etc.,  in  offensive  manner. 

14.  Permits  for  slaughter  houses,  etc. 

15.  Time  for  which  permits  shall  issue. 

16.  Stagnant  water. 

17.  Dilapidated  buildings. 

18.  Ordinance  of  abatement. 

19.  Notice  to  owner — building  destroyed,  etc. 

20.  Cost  of  abatement — suit  against  owner. 

21.  Penalty  for  not  obeying  notice. 

22.  Building  in  danger  of  falling. 

23.  Duty  of  mayor. 

24.  Dangerous  scaffolds. 

25.  Duty  of  police. 

26.  Author  of  nuisances  unknown,  etc. 

27.  Washing  buggies  on  street  or  walk. 

28.  Not  to  erect  stable,  etc.,  near  street,  etc. 

Pens  and  stables.  § 1.  Any  pen,  stable,  lot,  place  or  premises 
in  which  any  animal  or  poultry  may  be  kept  or  confined,  and  which 
'shall  become  nauseous,  foul  or  offensive,  or  from  any  cause  become 
an  annoyance  to  the  neighborhood,  family  or  person,  shall  be  deemed 
a nuisance.  And  the  owner  or  keeper  of  any  such  animals  or  poultry, 
or  the  owner  or  occupant  of  such  premises,  who,  upon  being  notified 
by  any  police  or  other  officer  of  said  city  to  abate,  remedy  or  remove 
such  nuisance,  within  a time  to  be  specified  in  said  notice,  shall 
neglect  or  refuse  so  to  do,  within  the  time  specified,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars,  and 
he  shall  be  subject  to  a like  penalty  for  each  day  he  shall  suffer  or 
permit  such  nuisance  to  remain  after  the  expiration  of  the  time  fixed 
by  said  notice  for  the  abatement  of  the  same. 

Accumulation  of  manure — a nuisance.  § 2.  Whoever  shall 
suffer  to  accumulate  on  any  premises  owned  or  controlled  by  him 


190 


Ordinances  of  the 


any  heap  or  stack  of  manure  in  such  manner  as  to  emit  noxious, 
disagreeable  or  offensive  smells,  to  the  annoyance  of  any  person  or 
family,  or  whoever  shall  place  any  such  manure  upon  any  public 
street,  alley  or  common,  shall  be  deemed  guilty  of  a nuisance.  And 
if  such  person,  upon  being  notified  by  any  police  or  other  officer  of 
said  city  to  abate,  remedy  or  remove  such  nuisance,  within  a time  to 
be  specified  in  such  notice,  shall  neglect  or  refuse  so  to  do,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars,  and  he 
shall  be  subject  to  a like  penalty  for  each  day  he  shall  suffer  or  per- 
mit such  nuisance  to  remain  after  the  expiration  of  the  time  fixed 
by  the  said  notice  for  the  abatement  of  the  same. 

Suffering  premises  to  become  foul.  § 3.  Whoever  shall 
suffer  or  permit  any  cellar,  vault,  drain,  pool,  privy,  sewer,  yard, 
grounds  or  premises  owned,  occupied  or  controlled  by  him,  to  become 
from  any  cause  nauseous,  foul  oj  offensive,  or  injurious  to  public 
health,  or  unpleasant  and  disagreeable  to  adjacent  residents,  or  to 
any  person  passing  along  any  street  or  alley  near  the  same,  shall  be 
deemed  guilty  of  a nuisance : and  if  such  person,  upon  being 
notified  by  any  police  or  other  officer  to  abate,  remedy  or  remove 
such  nuisance,  within  a time  to  be  specified  in  said  notice,  shall 
neglect  or  refuse  so  to  do,  he  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars ; and  he  shall  be  subject 
to  a like  penalty  for  each  day  he  shall  suffer  or  permit  such  nuisance 
to  remain  after  the  expiration  of  the  time  fixed  by  said  notice  for 
the  abatement  of  the  same. 

Foul  liquors,  etc.  § 4.  Whoever  shall  place,  deposit,  throw, 
leave  or  permit  to  remain,  or  shall  cause  or  permit  to  flow,  liquid, 
slops,  animal  or  vegetable  matter  or  substance  of  any  kind,  which  is, 
or  is  likely  to  become  rotten,  foul,  nauseous,  putrid  or  offensive,  in 
or  upon  any  premises  owned,  controlled  or  occupied  by  him,  or  into 
or  upon  any  adjacent  premises,  or  upon  the  premises  of  any  other 
person,  or  into  any  street,  alley  or  common,  shall  be  guilty  of  a 
nuisance,  and  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Depositing  offensive  matter  in  river,  etc.  § 5.  Whoever 
shall  deposit,  throw,  discharge,  or  leave  any  nauseous,  foul,  offensive 
or  putrid  liquor,  substance  or  excrement,  or  any  liquid  or  substance 
likely  to  become  nauseous,  foul,  offensive,  putrid,  or  cause  the  same 
to  be  done,  upon  the  margin,  banks,  or  into  the  waters  of  the 
Vermilion  river,  or  any  of  its  forks  or  branches,  or  into  Stoney 
creek,  within  the  limits  of  said  city,  or  upon  any  premises,  or  upon 


City  of  Danville. 


191 


the  banks  or  in  the  waters  of  any  of  said  streams,  within  one-half 
mile  of  said  city,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Green  and  salt  hides — when  a nuisance.  § 6.  Whoever 
shall  keep  in  store  in  any  building,  cellar  or  place  within  said  city, 
any  green  or  salted  hides,  pelts  or  skins,  for  such  a length  of  time, 
or  in  such  a manner  that  they  shall  become  foul,  nauseous  or  offensive 
by  reason  of  their  bad  oder,  shall  be  deemed  guilty  of  a nuisance. 
And  if  such  person,  upon  being  notified  by  any  police  or  other 
officer  of  said  city,  to  abate,  remove  or  remedy  such  nuisance,  within 
a time  to  be  specified  in  such  notice,  shall  neglect  or  refuse  to  do  so, 
he  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars  ; and  he  shall  be  subject  to  a like 
penalty  for  each  day  after  the  expiration  of  the  time  specified  in 
said  notice,  he  shall  permit  such  nuisance  to  remain. 

Dead  animals.  § 7.  Whoever  shall  knowingly  suffer  any  dead 
animal  belonging  to  him  to  remain  within  said  city,  or  within  one-half 
mile  from  the  limits  thereof,  so  as  to  be,  or  likely  to  become  offensive 
in  any  manner  to  any  person,  shall  be  deemed  guilty  of  a nuisance, 
and  shall  be  fined  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars. 

Removal  of  dead  animals.  § 8.  Any  person  removing  any 
dead  animal,  who  shall  pYirposely  or  unnecessarily  cause  the  same  to 
be  offensive  or  annoying  to  any  other  person,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Trap  doors,  grating,  etc.  § 9.  Whoever  shall  keep  or  leave 
open,  or  suffer  to  be  left  or  kept  open,  any  cellar  door,  or  trap  door, 
or  the  grating  of  any  vault,  in  or  upon  any  sidewalk,  street  or  alley, 
shall  be  deemed  guilty  of  a nuisance,  and  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

• 

Removal  of  offensive  matter.  § 10.  All  putrid  or  offensive 
matter,  and  all  night  soil,  and  the  contents  of  sinks,  privies,  vaults, 
cess-pools,  and  all  noxious  substances  in  said  city  shall,  before  their 
removal  or  exposure,  be  disinfected  and  rendered  inoffensive,  by  the 
person  who  removes,  or  is  about  to  remove  the  same.  Any  person 
violating  this  section  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars. 


192 


Ordinances  of  the 


Carts  and  vehicles  carrying  offensive  matter.  § 11.  The 
bed,  boxes,  tubs,  or  other  receptacle  on  any  cart,  wagon  or  other 
vehicle,  used  for  the  purpose  of  removing  any  offal,  swill,  slops, 
garbage,  or  the  contents  of  any  privy,  vault,  or  cess-pool,  or  any 
other  putrid  or  offensive  liquid  or  substance,  shall  be  so  constructed 
and  maintained,  so  that  no  part  of  the  contents  thereof  shall  fall, 
leak  or  spill  therefrom;  and  shall  be  tightly  covered  so  as  to  prevent 
the  same  from  being  offensive.  Any  person  violating  this  section  or 
any  part  thereof,  either  as  owner  or  employee,  shall  be  fined  not  less, 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

SlAUGATER  HOUSES OTHER  OFFENSIVE  ESTABLISHMENTS.  § 12.  , 

Whoever  shall  locate,  erect,  carry  on,  occupy  or  use  any  slaughter 
house,  for  slaughtering  animals,  or  any  packing  house,  soap  factory, 
tallow  chandlery,  bone  factory,  or  any  establishment  for  rendering 
lard,  tallow,  offal,  dead  animals  or  other  substances  of  like  nature, 
within  the  limits  of  said  city,  or  within  the  distance  of  one  mile 
without  the  city  limits,  without  the  permission  of  the  city  council, 
shall  be  deemed  guilty  of  a nuisance,  and  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 

Operating  slaughter  houses,  etc.,  in  offensive  manner. 

§ 13.  Whoever  shall  conduct,  keep,  maintain  or  operate  any  slaughter 
house,  packing  house,  soap  factory,  tallow  chandlery,  bone  factory 
or  other  establishment  for  renderingTard,. ttillow,  offal,  dead  animals 
or  other  substances  of  a like  nature,  within  the  limits  of  said  city, 
or  within  one  mile  of  said  limits,  in  such  a manner  that  the  said 
premises  shall  become  foul,  or  offensive,  or  shall  emit  or  give  out 
bad,  offensive  or  unwholesome  smells  or  odors  to  the  annoyance  or 
detriment  of  any  community,  family  or  person,  shall  be  deemed 
guilty  of  a nuisance.  And  if  such  person,  upon  being  notified  by 
any  police  or  other  officer  of  said  city,  to  renovate  or  cleanse  said 
premises,  or  to  abate,  remedy  or  remove  such  nuisance,  within  a time 
to  be  specified  in  said  notice,  shall  neglect  or  refuse  so  to  do,  he 
shall  be  fined  not  less  than  five  dollars,  nor  more  Than  one  hundred 
dollars;  and  he  shall  be  subject  to  a like  fine  for  each  day  he  shall 
suffer  or  permit  such  nuisance  to  remain  after  the  time  fixed  in  said 
notice  for  the  abatement  of  the  same. 

Permits  for  slaughter  houses,  etc.  § 14.  Any  person 
desiring  to  obtain  a permit  to  locate  or  operate  a slaughter  house,  or 
any  of  the  establishments  enumerated  in  section  10  of  this  chapter, 
within  the  limits  of  said  city  or  within  one  mile  without  said  limits, 


City  of  Danville. 


shall  make  a written  application  therefor  to  the  city  council,  sta.ing 
the  business  he  is  desirous  of  pursuing,  and  specifying  the  location 
or  premises  where  the  same  is  to  be  conducted.  Said  city  council  may 
thereupon  grant  the  said  permit,  in  its  discretion,  and  if  such  permit 
is  granted  the  applicant,  before  he  can  do  business  under  the  same, 
shall  execute  to  the  said  city  a bond  in  the  penal  sum  of  five  hundred 
dollars,  with  one  or  more  sureties  to  be  approved  by  the  mayor, 
conditioned  that  the  said  applicant  will  comply  with  all  ordinances 
then  or  thereafter  in  force  regulating  such  establishments  or  such 
business,  and  that  he  will  pay  all  fines  or  penalties  or  judgments 
recovered  against  him  by  said  city  before  any  court  of  competent 
jurisdiction,  for  the  violation  of  any  ordinance  of  said  city  relating 
to  said  business,  and  that  he  will  also  pay  all  costs,  charges  or 
expenses  incurred  by  said  city,  or  any  of  its  officers,  in  cleansing  or 
renovating  the  premises,  or  in  abating  or  removing  any  nuisance 
thereon,  where  the  said  business  shall  be  carried  on. 

Time  for  which  permits  shall  issue.  § 15'.  Where  any 
person  to  whom  any  such  permit  shall  be  granted,  shall  be  convicted 
of  a violation  of  any  ordinance  of  the  city  regulating  such  establish- 
ments before  any  court  of  competent  jurisdiction,  then  the  city 
council,  in  its  discretion,  may  revoke  such  permit  and  declare  the 
same  null  and  void. 

Stagnant  water.  § 16.  Any  lot  or  premises  upon  which  stag- 
nant water  may  be  standing,  and  which  is,  or  is  likely  to  become  foul 
and  offensive  to  any  person  residing  near  the  same,  or  to  persons 
passing  by  the  same,  is  hereby  declared  a nuisance.  And  the  owner, 
occupant,  or  person  having  control  of  such  lot  or  premises,  who  shall 
not  abate,  remedy  or  remove  such  nuisance,  when  notified  so  to  do, 
by  the  marshal  or  other  police  officer  of  said  city,  within  the  time 
in  such  notice  specified,  shall  be  deemed  guilty  of  a nuisance,  and  be 
fined  not  less  than  three  dollars,  nor  more  than  one  hundred  dollars; 
and  he  shall  be  subject  to  a like  peualty  for  each  day  he  shall  permit 
such  nuisance  to  remain  after  the  expiration  of  the  time  fixed  in  said 
notice  for  the  abatement  of  the  same. 

Dilapidated  buildings.  § 17.  Any  wooden  building  or  wooden 
part  of  any  building  which  maybe  situated  within  thirty  feet  of  any 
contiguous  building,  and  which  may  be  in  danger  of  becoming  on 
fire  or  setting  on  fire  any  contiguous  building,  by  reason  of  being 
dilapidated,  out  of  repair  or  untenantable,  or  by  reason  of  any  fire- 
place, grate,  stovepipe,  furnace  or  chimney,  or  any  other  structure 
or  apparatus  therein  used  or  intended  to  be  used  for  the  purpose  of 
holding,  conducting  or  securing  any  fire,  being  insufficient  or  being 
improperly  or  insufficiently  secured,  is  hereby  declared  a nuisacne. 

13 


194 


Ordinances  of  the 


Ordinance  for  abatement.  § 18.  When  any  such  building  or 
part  of  a building  shall  be  reported  to  the  city  council,  the  same 
shall  be  referred  to  the  committee  on  fire  and  water,  or  other 
appropriate  committee,  who  shall  examine  such  building  or  part  of 
a building,  and  report  the  condition  thereof;  and  if  the  city  council 
shall  be  satisfied  that  such  building  is  within  thirty  feet  of  any 
contiguons  building,  or  in  danger  of  becoming  on  fire  or  setting  fire 
to  any  contiguous  building,  by  reason  of  any  of  the  causes  mentioned 
in  the  last  preceding  section,  they  may,  by  the  passage  of  an 
ordinance,  declare  such  building  or  part  of  a building  to  be  a 
nuisance,  stating  the  cause  thereof,  and  require  the  owner  or  occupant 
of  such  building  or  part  of  a building,  or  other  person  liable 
therefor,  to  remove  such  building  without  the  city  limits,  or  to  make 
good  and  properly  secure  any  such  fire-place,  grate,  stove,  stove-pipe, 
funnel  or  chimney,  or  other  structure  or  apparatus  in  such  building 
or  part  of  building,  used  or  intended  to  be  used  for  the  purpose  of 
holding,  conducting  or  securing  any  fire,  or  require  him,  her  or 
them  otherwise  to  abate,  such  nuisance  within  such  time  as  they 
may  deem  necessary. 

Notice  to  owner — building  to  be  destroyed.  § 19.  The 
mayor  shall,  without  delay,  after  the  passage  of  such  ordinance  as 
mentioned  in  the  last  preceding  section,  make  out,  sign  and  deliver 
to  the  marshal,  a notice  containing  a copy  of  such  ordinance, 
directed  to  the  owner  of  such  building  or  part  of  a building,  requiring 
him  to  remove  the  same,  or  to  make  good  and  properly  secure  such 
fire-place,  grate,  stove,  stove-pipe,  funnel  or  chimney,  or  other 
structure  or  apparatus  therein,  used  or  intended  to  be  used  as 
aforesaid,  in  compliance  therewith.  The  marshal  shall,  without 
delay,  serve  such  notice  upon  the  owner  of  such  building  or  part  of 
building,  or  his  agent,  and  the  person  in  actual  occupancy  thereof, 
if  any,  retaining  a copy  thereof ; but  if  the  owner  is  a non-resident 
of  the  city  and  has  no  known  agent  residing  in  this  city,  the  mayor 
shall  send  the  notice  to  him  by  mail,  directed  to  him  at  the  post 
office  at  which  he  usually  receives  his  letters,  if  known,  retaining  a 
copy  thereof.  If  no  owner  or  his  agent  can  be  found  in  the  city, 
and  the  owner’s  place  of  residence  is  unknown,  or  if  the  owner  is 
unknown,  the  mayor  shall  cause  the  ordinance  to  be  published  at 
least  twice  in  the  newspaper  publishing  the  ordinances  of  the  city, 
which  shall  be  deemed  sufficient  notice  to  all  persons.  If  any  such 
building  or  part  of  a building  shall  not  be  removed,  or  such  fire-place, 
stove,  grate,  stove-pipe,  funnel  or  chimney,  or  other  structure  or 
apparatus  therein,  used  or  intended  to  be  used  as  aforesaid,  shall 
not  be  made  good  and  properly  secured,  in  compliance  with  such 


City  of  Danville. 


195 


notice  at  the  expiration  of  the  time  named  therein,  the  mayor  shall 
order  the  city  marshal  to  move  or  tear  down  such  building  or  part 
of  a building,  or  so  much  thereof  as  may  be  necessary,  or  in  some 
other  manner  to  remedy  such  danger  and  abate  such  nuisance. 

Report  of  cost  of  abatement — suit  against  owner.  § 20. 
The  marshal  shall,  without  delay,  execute  the  order  of  the  mayor, 
and  shall  report  the  costs  of  so  doing  upon  oath  to  the  city  council, 
and  the  same  may  be  collected  of  the  owner  of  the  building  or  the 
occupant  thereof,  or  any  person  liable  therefor,  by  suit  in  the  name 
of  the  city,  before  any  court  having  jurisdiction. 

Penalty  for  not  obeying  notice.  § 21.  Any  owner  of  any 
such  building,  who  shall,  when  notified  so  to  do,  neglect  or  refuse  to 
remove  the  same,  or  any  such  owner  or  any  occupant  thereof  who 
shall  neglect  or  refuse  to  make  good  or  perfectly  secure  any  such 
fire-place,  grate,  stove,  stove-pipe,  funnel  or  chimn'ey,  or  other 
structure  or  apparatus  therein,  used  or  intended  to  be  used  as 
aforesaid,  or  otherwise  to  abate  such  nuisance  in  compliance  with 
such  notice,  shall  be  subject  to  a penalty  of  not  less  than  twenty 
dollars,  and  not  exceeding  one  hundred  dollars. 

Building  in  danger  of  falling.  § 22.  Any  building  or 
erection,  or  part  thereof,  which  shall  be  in  danger  of  falling,  or 
otherwise  in  such  condition  as  to  endanger  the  safety  of  persons 
passing  under  or  near  the  same,  or  residing  adjacent  thereto,  or  to 
endanger  any  property  contiguous  thereto,  is  hereby  declared  to  be 
a nuisance. 

Duty  of  maytor.  § 23.  When  knowledge  of  any  such  dangerous 
building  or  erection  shall  come  to  the  mayor,  he  shall,  without  delay, 
summon  three  disinterested  citizens  of  the  city,  who  shall  with  him 
inspect  such  building  or  erection,  and  if  they,  or  a majority  of  them, 
shall  be  of  the  opinion  that  the  same  endangers  the  safety  of  persons 
passing  under  or  near  the  same,  or  residing  adjacent  thereto,  or  any 
property  contiguous  thereto,  the  mayor  shall,  without  delay,  notify, 
or  cause  to  be  notified  the  owner  or  person  having  charge  of  such 
building  or  erection  forthwith  to  remove,  demolish  or  otherwise 
secure  the  same,  or  such  part  thereof  as  may  be  necessary ; and 
upon  his  failing  or  refusing  to  comply  with  such  notice,  the  mayor 
shall,  without  delay,  cause  such  building  or  erection,  or  such  part 
thereof  as  may  be  necessary  to  be  removed,  demolished  or  otherwise 
secured,  so  as  to  be  safe  and  harmless,  and  the  owner  of  such 
building  or  erection,  or  person  having  charge  of  the  same,  who  shall 
fail  or  refuse  to  comply  with  such  notice  shall  be  subject  to  a 


196 


Ordinances  of  the 


penalty  of  not  less  than  twenty  dollars  and  not  exceeding  one 
hundred  dollars  ; and  the  costs  of  removing,  demolishing  or  securing 
such  building  or  erection,  shall  be  reported  to  the  city  council  by 
the  mayor,  and  the  same  may  be  collected  of  the  owner  of  such 
building  or  erection,  or  person  having  the  same  in  charge,  by  suit 
in  the  name  of  the  city,  before  any  court  having  jurisdiction. 

Dangerous  scaffolds,  etc.  § 24.  All  scaffolds  or  other  erec~  • 
tions  used  in  the  erection  of  any  building  shall  be  made  secure  and 
sufficiently  wide  to  insure  the  safety  of  persons  working  thereon  or 
passing  under  the  same  against  the  falling  thereof,  or  of  materials 
placed  thereon.  Any  scaffold  or  other  erection  which  may  be  other- 
wise constructed  shall  be  deemed  a nuisance,  and  whoever  shall 
construct  or  use  any  such  insecure  or  dangerous  scaffold  or  other 
erection  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars,  and  upon  his  refusal  to  remedy 
or  remove  the  same  forthwith,  when  required  by  the  mayor,  the 
supervisor  or  any  police  officer,  the  officer  shall  cause  the  same  to  be 
done,  and  the  costs  of  such  removal  or  remedy  shall  be  collected  of 
the  owner  or  builder,  or  person  having  control  thereof,  and  recovered 
by  suit  in  the  name  of  the  city  before  any  court  having  jurisdiction. 

Duty  of  police — notice — costs  of  abatement,  etc.  § 25. 
When  any  nuisance,  or  anything  likely  to  become  a nuisance,  shall 
be  found  by  the  city  marshal,  policeman,  member  of  the  board  of 
health  or  other  officer  of  said  city,  or  if  such  nuisance  shall  be  reported 
to  them  or  either  of  them,  it  shall  then  be  the  duty  of  the  city  marshal 
to  serve,  or  cause  to  be  served,  a notice  upon  the  owner,  tenant  or 
occupant  of  the  premises  where  such  nuisance  exists,  or  the  author 
of  the  same,  thereby  notifying  him  to  abate,  remedy  or  remove  the 
same  within  a certain  time,  to  be  specified  in  said  notice,  which  shall 
not  be  less  than  twelve  hours,  nor  more  than  thirty  days,  owing  to 
the  nature  or  character  of  the  nuisance  complained  of.  In  ctisethe 
person  so  notified  shall  not  comply  with  said  notice,  the  marshal  or 
any  police  officer  of  said  city  shall  enter  upon  the  premises  where 
such  nuisance  exists,  and  abate,  remedy  or  remove  the  same,  and  shall 
forthwith  bring  suit  against  such  person  in  the  name  of  the  city  for 
the  penalty  incurred  by  the  violation  of  this  chapter,  or  any  section 
thereof ; and  the  costs  of  the  abatement  or  removal  of  such  nuisance 
may  also  be  recovered  with  the  penalty,  or  by  a separate  suit  in  the 
name  of  the  city,  before  any  court  having  jurisdiction. 

Where  owner  or  author  of  nuisance  is  unknown  or 
cannot  be  found.  § 26.  When  any  nuisance,  or  anything  likely 
to  become  a nuisance,  is  found  upon  any  premises,  and  the  owner,. 


City  of  Danville. 


191 


tenant  or  occupant  of  said  premises,  or  the  author  or  cause  of  such 
nuisance,  cannot  be  found  or  is  unknown,  the  city  marshal  or  any 
policeman  of  said  city  shall  forthwith  enter  upon  said  premises  and 
abate,  remedy  or  remove  such  nuisance.  The  city  marshal  shall 
report  to  the  city  council  the  cost  and  expense  of  the  abatement  of 
.such  nuisance,  and  a suit  to  recover  the  amount  thereof  shall  be 
instituted  in  the  name  of  the  city  against  the  owner  or  occupant  of 
said  premises  or  agaiust  the  author  of  such  nuisance  in  any  court  of 
competent  jurisdiction  where  he  shall  be  found. 

Washing  buggies  on  streets  or  sidewalks.  § 27.  The 
washing  or  cleaning  of  any  carriage,  buggy,  gig,  wagon,  cab  or  other 
vehicle  in  or  upon  the  streets  or  sidewalks  of  the  city  is  hereby 
declared  a nuisance,  and  any  person  or  persons  violating  the  provis- 
ions of  this  section  shall  be  fined  in  any  sum  not  less  than  five,  nor 
more  than  twenty  dollars. 

Not  to  erect  any  stable,  etc.,  near  any  street,  etc.  § 28. 
It  shall  be  unlawful  for  the  owner  of  any  lot,  part  of  lot  or  parcel 
of  land  within  the  city  to  erect,  build  or  locate  thereon  any  stable, 
pig-sty  or  privy  nearer  than  twenty  feet  to  any  street,  avenue,  park 
or  public  ground  in  said  city.  Any  person  who  shall  violate  the 
provisions  of  this  section  shall  be  fined  in  any  sum  not  less  than 
three,  nor  more  than  fifty  dollars. 


CHAPTER  XXV. 

OFFICERS. 

Section. 

1.  Officers  appointed. 

2.  Oath  of  office. 

3.  Official  bonds. 

4.  Sureties — city  attorney  to  prepare  bond — new  bond. 

5.  Commissions,  etc. 

6.  Officers  to  pay  money  over. 

7.  Salaries  payable — when. 

8.  Records,  of  city  open  to  inspection. 

9.  Officers  absent. 

10.  Removal  or  absence  from  city. 

11.  Liability  for  damage. 

12.  Duties  of  city  attorney. 

13.  Duties  of  city  clerk. 

Officers  appointed.  § 1.  Ther§  shall  be  appointed  annually 
by  the  mayor,  with  the  approval  of  the  city  council,  the  following 


198  * 


Ordinances  of  the 


city  officers,  viz  : A city  marshal,  night  captain,  chief  of  fire  depart- 
ment, engineer  of  the  fire  department,  and  such  number  of  police 
and  firemen  as  the  city  council  may  by  resolution  deem  necessary 
and  expedient. 

Oath  of  office.  § 2.  All  officers,  whether  elected  or  appointed, 
shall,  before  entering  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation: 

“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support 
the  constitution  of  the  United  States  and  the  constitution  of  the  State  of 

Illinois,  and  that  I will  faithfully  discharge  the  duties  of  the  office  of. 

according  to  the  best  of  my  ability.” 

Official  bonds.  § 3.  All  officers,  whether  elected  or  appointed, 
(except  aldermen,)  shall,  before  entering  upon  the  duties  of  their 
respective  offices,  execute  a bond,  with  security  to  be  approved 
by  the  city  council,  payable  to  the  city  of  Danville,  in  such  penal 
sum  as  may  by  resolution  or  ordinance  be  directed,  conditioned  for 
the  faithful  performance  of  the  duties  of  the  office  and  the  payment 
of  all  moneys  received  by  such  officer,  according  to  law  and  the 
ordinances  of  said  city:  Provided,  however,  That  in  no  case  shall  the 
mayor’s  bond  be  fixed  at  a less  sum  than  three  thousand  dollars 
($3,000),  nor  shall  the  treasurer’s  bond  be  fixed  at  a less  sum  than 
the  amount  of  the  estimated  tax  and  special  assessments  for  the 
current  year;  which  bonds. shall  be  filed  with  the  clerk  (except  the 
bond  of  the  clerk,  which  shall  be  fifed  with  the  treasurer). 

Sureties — city  attorney  to  prepare  bond — new  bond. 
§ 4.  No  member  of  the  city  council  or  officer  of  the  city  shall  be 
received  as  surety  on  the  official  bond  of  any  city  officer  hereby 
created  and  provided  for,  and  herein  required  to  execute  bond  as 
city  officer.  All  official  bonds  shall  be  drawn  by  the  corporation 
counsel,  or  submitted  to  him  after  being  drawn  up,  for  his  approval 
of  the  form  thereof,  and  shall  then  be  submitted  to  the  city  council 
for  their  approval,  which,  when  given,  the  city-clerk  shall  certify 
thereon,  and  shall  file  and  preserve  the  same  in  his  office  (except  the 
bond  of  the  city  clerk,  which  shall  be  filed  with  the  treasurer).  The 
city  council  may  at  any  time  require  a new  bond  to  be  executed  by 
any  city  officer,  if  from  any  cause  they  shall  deem  the  old  bond 
insufficient,  or  the  securities  thereon  ; but  the  execution  of  such  new 
bond  shall  not  in  any  manner  affect  any  liability,  loss  or  damage 
incurred  under  the  old  bond,  or  release  the  sureties  from  any  liability 
incurred  thereon.  All  bonds  or  contracts  shall  be  written  or  printed, 
or  partly  both,  in  a plain  anti  legible  manner. 


City 'of  Danville. 


199 


Commissions.  § 5.  All  officers  (except  the  clerk,  aldermen  and 
mayor)  shall  be  commissioned  by  warrant,  under  the  corporate  seal, 
signed  by  the  clerk  andanayor  or  presiding  officer  of  the  city  council. 
The  mayor  shall  issue  a certificate  of  appointment  or  election,  under 
the  seal  of  the  city,  to  the  clerk  thereof,  and  any  person  having  been 
an  officer  of  the  city  shall,  within  five  days  after  notification  and 
request,  deliver  to  his  successor  in  office  all  property,  books  and 
effects  of  every  description  in  his  possession  belonging  to  the  city,  or 
appertaining  to  his  said  office,  and  upon  his  refusal  to  do  so  shall  be 
liable  for  all  damages  caused  thereby,  and  sha*l  1 be  subject  to  a penalty 
of  not  less  thau  twenty-five  dollars,  and  not  exceeding  two  hundred 
dollars. 

Officers  to  pay  money  over.  § 6.  All  officers  collecting  or 
receiving  any  moneys  on  account  of  the  cfty  shall  pay  the  same,  as 
fast  as  collected,  into  the  city  treasury  in  the  same  kind  of  funds  as 
received  by  them,  and  shall,  on  the  first  Thursday  of  each  month, 
report  to  the  city  council  an  accurate  statement  of  all  the  moneys 
received  by  them  for  the  preceding  month,  specifying  the  amount, 
from  whom  and  on  what  account  received.  No  officer  shall  retain 
any  moneys  received  or  collected  by  him  toward  the  payment  of  any 
salary  or  fees  which  may  be  coming  to  him  from  the  city,  but  shall 
pay  the  same  into  the  treasury.  Any  officer  violating  any  pro- 
vision of  this  section  shall  be  subject  to  a penalty  of  not  less  than 
ten  dollars,  and  not  exceeding  two  hundred  dollars. 

Salaries  payable — when.  § 7.  The  salaries  of  the  city  officers, 
unless  otherwise  specially  provided,  shall  be  payable  monthly,  on 
the  first  Thursday  of  each  month,  and  they  shall  present  their 
accounts  to  the  city  council  for  adjustment  or  payment,  but  no 
warrant  shall  be  drawn  in  favor  of  any  officer  for  his  salary  until 
he  shall  have  filed  his  report  as  herein  required,  nor  shall  any 
warrant  in  any  case  be  drawn  in  favor  of  any  officer  who  shall  be 
in  default  or  arrears  with  the  city. 

Records  of  city  open  to  inspection.  § 8.  The  records,  books 
and  papers  pertaining  to  any  city  officer  shall,  at  all  reasonable 
times  be  subject  to  the  inspection  and  examination  of  the  mayor, 
the  city  council  or  any  of  its  committees,  or  any  person  interested 
in  the  same ; and  all  city  officers  shall,  when  requested,  give  all 
the  information  in  their  power  pertaining  to  their  respective  offices, 
to  the  city  council  or  any  of  its  committees,  or  any  other  department 
of  the  city  government. 

Officers  absent.  § 9.  When  any  particular  officer  required 
by  ordinance  to  execute  any  particular  duty,  shall  be  absent,  or 


200 


Ordinances  of  the 


incompetent,  or  otherwise  unable  to  discharge  such  duty,  the  mayor 
or  mayor  pro  tern.,  may  assign  the  discharge  of  such  duty  to  some 
other  officer,  and  such  officer  shall  act  in  such  case  with  the  same 
power  and  authority  as  is  specially  named  in#the  ordinance. 

Removal  or  absence  from  city.  § 10.  If  any  city  officer 
shall  remove  from  the  city,  or  absent  himself  therefrom  for  one 
month  without  permission  of  the  city  council  first  had  and  obtained, 
his  office  shall  be  vacated. 

Liability  of  officers  for  damage.  § 11.  All  officers  shall  be 
liable  to  the  city  for  all  loss  or  damage  which  may  arise  from  their 
negligence  or  willful  misconduct  in  the  discharge  of  any  official  duty, 
and  the  city  council  may,  in  its  discretion,  by  order,  withhold  the 
salary  of  any  such  officer,,  in  order  to  secure  the  city  from  loss. 
And  if  any  officer  shall  fail,  neglect  or  refuse  to  discharge  or 
perform  any  duty  required  of  him,  the  mayor  may  employ  or  appoint 
some  competent  person  to  perform  such  duty,  and  the  costs  and 
expenses  of  doing  the  same  shall  be  charged  to  such  officer  and 
deducted  from  his  salary,  or  if  his  salary  shall  be  insufficient  to 
pay  the  same,  they  may  be  collected  from  him  and  recovered  by 
suit  in  the  name  of  the  city,  before  any  court  having  jurisdiction. 

Duties  of  city  attorney.  § 12.  It  shall  be  the  duty  of  the 
city  attorney  to  prosecute  all  suits  for  the  recovery  of  fines  or 
penalties,  before  any  court,  for  the  violation  of  any  of  the  laws  or 
ordinances  of  said  city,  to  furnish  his  written  opinion  upon  any 
legal  question  submitted  to  him  for  such  opinion  by  the  city  council, 
and  to  attend  all  meetings  of  said  council,  when  requested  so  to  do ; 
and  he  shall  also  make  any  reports  concerning  any  suits  to  which 
the  city  may  be  a party,  whenever  directed  so  to  do  by  the  council. 
He  shall  also  assist  the  corporation  council  in  all  suits  brought 
against  the  city  or  any  of  its  officers  whenever  called  upon  so  to  do. 

Duties  of  city  clerk.  § 13.  The  city  clerk  shall  keep  the 
corporate  seal  of  said  city,  and  all  papers  belonging  to  the  city. 
He  shall  attend  all  meetings  of  the  city  council,  and  keep  a full 
record  of  its  proceedings  in  its  journal.  He  shall  keep  full  and 
complete  accounts  and  exhibits  of  all  financial  transactions  of  the 
city,  to  be  entered  upon  such  books  as  are  provided  for  that  purpose, 
including  in  such  accounts  all  claims  against  the  city,  as  the  same 
may  be  allowed,  and  all  orders  for  the  payment  of  money  granted, 
and  on  what  account.  He  shall  preserve  in  his  office  all  bills  on 
which  any  money  may  be  paid  out  by  the  city,  which  shall  be 
neatly  folded  and  endorsed  with  the  name  of  the  payee  thereon. 


City  of  Danville. 


201 


He  shall  issue  all  licenses,  in  accordance  with  the  ordinances  of  the 
city,  and  shall  keep  a record  in  a suitable  book  of  each  license 
granted,  to  whom  granted,  for  what  purpose,  for  what  length  of 
time,  the  location  of  the  place  of  business  for  which  the  license  was 
obtained,  and  the  amount  of  license  fee  paid.  He  shall  also  act  as 
the  clerk  and  disbursing  agent  of  the  committee  on  streets  and 
alleys,  and  committee  on  bridges,  and  committee  on  public  buildings 
and  grounds.  He  shall  perform  such  other  and  further  duties 
pertaining  to  his  office  as  may  be  necessary,,  or  as  the  city  council 
may  from  time  to  time  direct. 


CHAPTER  XXVI. 


ORDINANCES. 


Section. 

1.  Ordinance  repealed  in  force  till  when. 

2.  Conflict  of  ordinances. 

3.  “ Court  ” defined. 

4.  Effect  of  repeal  of  repealing  ordinance. 

5.  Construction  of  certain  words. 

6.  Power  of  mayor  pro  tem — marshal  and  police. 

7.  Rules  of  construction. 

8.  Fines,  etc.,  not  released  by  repeal  of  ordinance. 

9.  Two  offenses — election  of  prosecutor. 

10  Enrollment  of  ordinances. 

11.  Ordinances  in  force. 


Ordinance  repealed  in  force  till  when.  § 1.  When  any 
ordinance  or  part  of  an  ordinance  shall  be  repealed  pr  modified  by 
a subsequent  ordinance,  the  ordinance  or  part  of  an  ordinance  thus 
repealed  or  modified  shall  continue  in  force  until  the  ordinance 
repealing  or  modifying  the  same  takes  effect,  unless  it  shall  be  therein 
otherwise  expressly  provided. 

Conflict  of  ordinances.  § 2.  When  the  provisions  of  different 
ordinances  or  of  the  different  chapters  of  any  ordinance  conflict  with 
or  contravene  each  other,  the  provisions  and  requirements  of  each 
ordinanoe  or  chapter  shall  prevail  as  to  all  subjects,  matters  and 
questions  arising  out  of  or  embraced  within  the  subject-matter  thereof. 
But  if  different  provisions  be  found  in  different  sections  of  the  same 
ordinance,  the  provisions  of  the  section  which  is  last  in  numerical 
ordePshall  prevail,  unless  such  construction  would  be  repugnant  to 
or  inconsistent  with  the  meaning  of  such  ordinance  or  chapter. 


202 


ORDINANCES  OF  THE 


“ Court ” defused.  § 3.  The  word  “court,”  when  used  in  any 
ordinance,  shall  be  construed  to  mean  any  court  of  competent  juris- 
diction, whether  police  magistrates’  courts,  justices  of  the  peace,  or 
courts  of  record. 

Repeal  of  a repealing  ordinance — effect.  § 4.  No  ordi- 
nance or  part  of  any  ordinance  repealed  by  any  other  ordinance  shall 
be  revived  by  the  repeal  of  the  repealing  ordinance,  unless  it  shall  be 
therein  otherwise  expressly  provided. 

Construction  of  certain  words.  § 5.  When  in  any  ordinance 
words  importing  the  singular  number  are  used  in  reference  to  any 
person  or  subject-matter,  such  words  shall  be  deemed  to  extend  to 
and  embrace  several  persons,  matters  or  subjects,  and  words  used 
collectiyely  or  importing  the  plural  number  shall  be  deemed  to  extend 
to  and  embrace  any  singular  person,  matter  or  subject' as  well  as  to 
several ; and  when  auy  person  or  subject-matter  shall  be  named, 
referred  to  or  described  bywords  importing  the  masculine  gender,  or 
by  general  terms,  females  as  well  as  males  shall  be  deemed  included 
in  the  meaning  and  terms  thereof,  and  the  words  “ person  ” or 
“ persons,”  or  words  importing  any  person  or  persons,  shall  be  deemed 
to  include  corporations  as  well  as  individuals.  The  word  “month,” 
when  used  in  any  ordinance,  shall  be  construed  to  mean  a calendar 
month  ; and  the  word  “ oath”  shall  be  deemed  to  include  an  affirma- 
tion, and  the  word  “sworn”  to  mean  sworn  or  affirmed. 

Power  of  mayor  pro  tem. — city  marshal  and  policemen. 
§ 6.  When  any  duty  shall  be  required  of  or  power  vested  in  the 
mayor,  the  same  shall  be  deemed  to  extend  to  and  embrace  and  may 
be  exercised  by  the  acting  mayor,  or  mayor  pro  tem.,  also ; and  when 
any  duty  shall  be  required  of  or  power  vested  in  the  city  marshal,  the 
same  shall  be  deemed  to  extend  to  and  embrace  and  may  be  exercised 
by  policemen,  unless  such  construction  would  be  contrary  to  the 
terms  of  the  ordinance  or  in  derogation  of  the  city  charter. 

Rules  of  construction.  § 7.  The  rules  of  construction  herein 
prescribed  shall  apply  in  all  cases,  unless  it  shall  be  otherwise 
expressly  provided  in  the  ordinance,  or  unless  there  be  something  in 
the  subject-matter  or  context  thereof  repugnant  to  such  construction, 
and  all  general  terms,  provisions,  phrases  or  expressions  used  in  any 
ordinance  shall  be  liberally  construed,  in  order  that  the  true  meaning 
and  intent  of  the  city  council  may  be  carried  out. 

Fines,  etc.,  not  released  by  repeal  of  ordinance.  § 8. 
No  fine,  forfeiture,  penalty,  right,  action,  suit,  debt  or  other  liability 
whatever,  created,  instituted,  incurred  or  accrued  by  or  under  any 


City  of  Danville. 


203 


ordinance  prior  to  its  repeal  or  modification,  shall  he  released,  dis- 
charged, amended  or  repealed,  or  in  anywise  affected  by  the  passage 
of  such  repealing  or  modifying  ordinance,  but  the  same  may  be 
prosecuted,  recovered  or  enjoyed,  or  any  suit  or  other  proceeding 
commenced  or  completed  thereon  as  fully  and  in  the  same  manner 
in  all  respects  as  if  such  ordinance  or  part  thereof  had  remained  in 
full  force,  unless  it  shall  be  otherwise  expressly  provided  in  the  ordi- 
nance making  such  repeal  or  modification. 

TWO  OFFENSES — ELECTION  OF  PROSECUTOR.  § 9.  When  ally 
fine  or  penalty  shall  be  imposed  by  different  ordinances,  or  sections 
or  clauses  of  different  ordinances,  for  the  same  offense,  the  officer  or 
person  prosecuting  may  choose  under  which  ordinance  or  section  to 
proceed,  and  a recovery  under  the  same  shall  be,a  bar  to  any  further 
proceedings  under  any  other  provisions  for  the  same  offense. 

Enrollment  of  ordinances — duties  of  clerk.  §10.  All 
ordinances  passed  by  the  city  council  shall  be  enrolled  by  the  city 
clerk  in  the  record  book  of  ordinances,  and  shall  be  properly  indexed 
by  their  titles  or  subjects,  and  he  shall,  without  delay,  cause  all 
ordinances  required  by  law  to  be  so  published,  to  be  published  in  the 
newspaper  authorized  to  publish  the  ordinances  of  the  city,  with  his 
certificate,  under  the  corporate  seal  attached,  that  the  same  is  a true 
and  authentic  copy  of  the  original  ordinance  (or  ordinances),  and 
that  it  is  printed  and  published  by  authority  of  the  city  council. 
He  shall  procure  the  affidavit  of  the.  printer  or  publisher  of  the 
newspaper  publishing  the  ordinances  of  the  city  of  the  due  publica- 
tion of  such  ordinance,  and  attach  the  same  to  the  original  ordinance, 
or  he  may  write  and  attest  such  affidavit,  or  any  other  competent 
proof  of  such  due  publication  upon  the  face  of  the  record  of  ordi- 
nances. The  city  clerk  shall  file  and  preserve  the  originals  of  all 
ordinances  in  his  office,  and  he  may  correct  any  errors  in  the  num- 
bering of  any  chapter  or  section  of  any  ordinance  and  insert  the 
proper  numbers*  and  he  may  omit  words  inserted,  or  supply  with 
brackets  words  omitted  by  clerical  mistake.  He  shall  attend  to  the 
printing  of  all  ordinances  requiring  publication  or  ordered  to  be 
published,  and  read  the  proof-sheets  thereof,  and  see  that  they  are 
correctly  and  properly  printed  and  published. 

Old  ordinances  in  force.  § 11.  All  ordinances  now  in  force 
in  the  city  of  Danville,  and  not  inconsistent  with  these,  the  revised 
ordinances,  shall  remain  in  force  under  these  ordinances  until  altered, 
modified  or  repealed  by  the  city  council,  after  these,  the  revised 
ordinances,  shall  take  effect.  All  ordinances  or  parts  of  ordinances 
in  conflict  with  these  revised  ordinances,  or  any  chapter  or  section 
thereof,  are  hereby  repealed. 


204 


Ordinances  of  the 


CHAPTER  XXVII. 


PARKS. 


Section. 

1.  Committee  on  public  grounds,  etc.,  to  have  charge. 

2.  Entering  parks,  etc. — climbing  on  fences. 

3.  Turning  animals  into  park,  etc. 

4.  Firearms — shooting — fireworks  prohibited. 

5.  Injury  to  trees,  grass,  buildings. 

6.  Selling,  hawking,  peddling,  etc.,  forbidden. 

7.  Bathing,  fishing,  etc.,  prohibited. 

8.  Abusive,  profane  language,  etc.,  prohibited. 

9.  Gaming,  etc.,  prohibited. 

10.  Intoxicated  persons,  indecent  or  unlawful  acts. 

11.  Fires  in  parks  forbidden. 

12  Carriage  on  turf,  etc. — hitching  horses  to  trees,  etc. 

13.  Throwing  stones,  rubbish,  etc.,  in  parks. 

14.  Posting  bills,  etc.,  forbidden. 


Committee  ox  public  grounds,  etc.,  to  have  charge  of 
parks.  § 1.  It  shall  be  the  duty  of  the  committee  on  public 
grounds  and  buildings  to  superintend  all  inclosed  public  grounds  or 
parks  in  said  city,  and  keep  the  fences  thereof  in  repair,  the  walks 
in  order,  the  trees  properly  trimmed,  and  to  improve  the  same 
according  to  plans  approved  by  the  city  council. 

Penalty  for  leaving  park  except  at  gateways — climb- 
ing on  fence,  etc.  § 2.  Whoever  shall  enter  or  leave  any  of  the 
public  parks  of  this  city  except  by  their  gateways,  or  shall  walk  or 
climb  upon  any  of  the  fences  inclosing  or  in  the  same,  shall  be  fined 
not  less  than  one  dollar,  nor  more  than  ten  dollars  for  each  offense. 

Turning  animals  into  park  prohibited.  § 3.  Whoever 
shall  turn  any  cattle,  horses,  goats,  swine  or  other  animals  into  any 
park  of  said  city,  or  permit  the  same,  or  any  of  them,  to  run  therein, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars 
for  each  offense. 

Firearms  and  fireworks  forbidden.  § 4.  Whoever  shall 
carry  any  firearms  into  said  parks,  or  shall  fire  off  or  discharge  the 
same  in  or  into  said  parks,  or  any  of  them,  or  whoever  shall  shoot,  fire 
or  discharge  any  kind  of  fireworks  therein,  shall  be  fined  not  less  than 
one  dollar,  nor  more  than  one  hundred  dollars  for  each  offense. 

Injury  to  trees,  grass,  buildings,  etc.  § 5.  Whoever  shall 
cut,  break  or  injure  in  any  way  any  tree,  shrub  or  plant  in  any  such 
park,  or  shall  cut,  tramp  or  injure  in  any  way  the  turf  or  grass 


205 


City  of  Danville. 


therein,  or  shall  walk  or  lie  upon  the  grass  at  any  place  where 
placards  are  posted  directing  persons  to  keep  off,  or  not  to 
walk  on  the  same,  or  shall  cut,  mark,  deface  or  in  any  way  injure 
any  of  the  buildings,  fences,  bridges  or  other  constructions  or  prop- 
erty of  any  kind  in  any  such  park,  shall  be  fined  not  less  than  one 
dollar,  nor  more  than  one  hundred  dollars  for  each  offense. 

Selling,  hawking  on  peddling  fokbidden.  § 6.  Whoever, 
not  having  a license  so  to  do,  shall  sell,  or  offer  to  sell,  any  article 
or  thing  in  any  such  park,  or  shall  hawk  or  peddle  any  article  or 
thing  therein,  or  attempt  so  to  do,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars. 

Bathing,  fishing,  etc.,  prohibited.  § 7.  Whoever  shall 
bathe,  fish  in,  or  ride  or  drive  any  animal  in  the  waters  of  any  such 
park,  or  throw  any  rubbish  or  garbage  or  other  thing  into  any  stream 
or  waters  of  such  park,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  ten  dollars. 

Abusive  language,  etc.  § 8.  Whoever  shall  use  any  threat- 
ening, abusive,  insulting,  profane  or  indecent  language  in  any  part 
of  any  such  park,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Gaming,  etc.,  prohibited.  § 9.  Whoever  shall  gamble  for 
money  or  other  valuable  thing,  or  anything  representing  or  intended 
to  represent  money  or  other  thing  of  value,  or  shall  play  at  any 
game  of  chance,  or  at  or  with  any  table,  instrument  or  device  of 
gaming,  in  any  part  of  any  such  park,  shall  be  fined  not  less  than 
five  dollars,  nor  more  than  two  hundred  dollars  for  each  offense.  v 

Intoxicated  persons — indecent  or  unlawful  acts.  § 10. 
Whoever  shall  be  found  in  any  such  park  in  an  intoxicated  condi- 
tion, or  shall  resort  to  such  park  for  any  indecent  or  unlawful 
purpose,  or  shall  be  guilty  of  any  indecent,  obscene,  vulgar,  improper 
or  unlawful  act  while  there,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  two  hundred  dollars. 

Fires  in  parks  prohibited.  §11.  Whoever  (except  employees 
or  laborers  in  such  parks)  shall  light  or  make  any  fire  in  said  parks, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Driving  carriages,  etc.,  on  turf — hitching  horses  to 
trees.  § 12.  Whoever  shall  drive  any  carriage  or  vehicle  of  any 
kind,  or  any  horse  or  other  animal,  upon  the  grass,  lawn  or  turf  of 


206 


Ordinances  of  the 


any  such  park,  or  shall  hitch  a horse  to  any  of  the  shrubs  or  trees 
therein,  shall  be  fined  not  less  than  one  dollar,  nor  more  than  fifty 
dollars  for  each  offense. 

Throwing  stones,  rubbish,  etc.,  in  parks.  § 13.  Whoever 
shall  throw  any  stones  into  or  in  such  parks,  or  shall  throw  or  jilace 
any  rubbish  or  garbage  of  any  kind  therein,  or  shall  leave  or  place 
any  bottle,  cans,  paper  or  scraps  of  anv  kind  therein,  shall  be  fined 
not  less  than  one  dollar,  nor  more  than  twenty-five  dollars  for  each 
offense. 

Posting  bills,  etc.,  forbidden.  § 14.  Whoever  shall  post  or 
otherwise  affix  any  bills,  notice  or  other  paper  upon  any  fence,  tree, 
bridge,  building  or  other  structure  therein,  shall  be  fined  not  lesp 
than  three  dollars. 


CHAPTER  XXVIII. 

PAWNBROKERS. 

Section. 

1.  Pawnbroker  defined — license  required,  etc. 

2.  Mayor  may  grant  license — rate — bond. 

3.  Pawnbroker's  book. 

4.  Property  of  minors,  stolen  property,  etc. — intoxicated  persons,  etc. 

5.  Time  ot  receiving  property. 

6.  Other  business  forbidden. 

7.  Inspection  of  premises  and  property. 

8.  Principal  liable  for  violations,  of  clerks,  etc/ 

Pawnbroker  defined — license — penalty.  § 1.  Whoever 
shall  loan  money  on  deposit  or  pledge  of  personal  property,  or  shall 
carry  on  the  business  of  purchasing  such  property  on  the  condition 
of  selling  the  same  back  at  a stipulated  price,  without  taking  a 
chattel  mortgage  thereon,  duly  executed  and  recorded,  as  required 
by  law,  shall  be  deemed  to  be  a pawnbroker  within  the  meaning  of 
this  chapter;  and  any  person  who  shall  pursue  or  carry  on  the  busi- 
ness of  a pawnbroker  in  said  city  without  first  having  obtained  a 
license  therefor,  and  executed  a bond,  as  hereinafter  provided,  shall 
be  fined  not  less  than  twenty-five  dollars,  nor  more  than  two  hun- 
dred dollars  for  each  offense. 

Mayor  may  grant  license — rate — bond.  § 2.  The  mayor 
may  from  time  to  time  grant  licenses  to  such  persons  as  shall  produce 
to  him  satisfactory  evidence  of  good  character,  to  carry  on  the  busi- 


207 


City  of  Danville. 


ness  of  pawnbroker.  Pawnbrokers  shall  pay  for  a license  at  the 
rate  of  fifty  dollars  per  year;  no  such  license,  however,  shall  extend 
beyond  the  municipal  year.  Every  such  applicant  for  a license  shall, 
before  receiving  the  same,  execute  to  the  city  a bond  in  the  penal 
sum  of  three  thousand  dollars,  with  two  or  more  good  and  sufficient 
sureties,  residents  of  the  city,  which  bond  shall  be  conditioned  for 
the  strict  observance  of  all  ordinances  of  the  city  respecting  pawn- 
brokers as  may  be  passed  or  in  force  at  any  time  during  the  existence 
of  the  license,  and  further  conditioned  that  he  will  pay  all  damages 
resulting  to  any  person  by  reason  of  his  wrongfully  purchasing  or 
taking  in  pledge  any  stolen  property,  or  the  property  of  any  minor 

Pawnbroker’s  book  — inspection  of  book.  § 3.  Every 
pawnbroker  shall  keep  a well  bound  book,  suitably  ruled  for  the 
purposes  herein  designated,  in  which  shall  be  legibly  written  in  ink, 
at  the  time  of  each  loan  or  purchase,  an  accurate  account  or 
description  in  the  English  language,  of  the  goods,  article  or  thing 
pawned,  pledged  or  purchased,  the  amount  of  money  loaned  thereon 
or  paid  therefor,  the  time  the  same  was  pledged,  pawned  or  purchased, 
the  rate  of  interest  to  be  paid  on  such  loan  and  the  name  and 
residence  of  the  person  pawning,  pledging  or  selling  the  goods, 
article  or  thing.  No  entry  made  in  such  book  shall  be  erased, 
obliterated  or  defaced.  The  said  book  shall,  at  all  reasonable  times, 
be  open  to  the  inspection  of  the  mayor,  marshal  or  any  police 
officer  of  the  city.  Any  person  violating  this  section  or  any  part 
thereof,  shall  be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  two  hundred  dollars  for  each  offense,  and  shall  forfeit  his 
license  in  the  discretion  of  the  mayor. 

Property  of  minor — stolen  property,  etc.  § 4.  Any 
pawnbroker  who  shall  purchase,  take  or  receive  in  pledge,  or  on 
deposit,  any  article  or  property  of  or  from  any  minor,-  or  being 
owned  by  a minor,  or  any  stolen  property,  or  any  person  known  to 
be  a notorious  thief,  or  any  property  which  from  any  cause  he  may 
have  reason  to  believe  cannot  be  lawfully  or  rightfully  pawned,  pledged 
or  sold,  by  the  person  offering  it,  or  from  any  person  intoxicated, 
shall,  in  either  case,  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  and  shall  in  addition  thereto  forfeit  his  license. 

Time  of  receiving  property.  § 5.  No  pawnbroker  shall 
purchase,  take  or  receive,  on  pledge  or  deposit,  any  article  of 
property,  after  the  hour  of  ten  o’clock  in  the-  evening,  or  before  the 
hour  of  seven  o’clock  in  the  morning,  under  a penalty  of  not  less 
.than  ten  dollars,  nor  more  than  one  hundred  dollars. 


Ordinances  of  the 


208 


Other  business  forbidden.  § 6.  No  person  licensed  as  afore- 
said shall  carry  on  any  other  business  or  avocation,  directly  or 
indirectly,  in  the  same  building,  or  in  any  building  adjoining  the 
place  or  building  in  which  he  or  she  may  be  licensed  to  carry  on  the 
business*  of  pawnbroker. 

Inspection  of  premises  and  property.  § 7.  Every  pawnbroker 
shall,  at  all  reasonable  times  during  business  hours,  allow  the  mayor, 
city  marshal,  or  any  policeman  of  the  city,  to  enter  the  place  of 
business  of  such  person,  and  examine  and  inspect  the  stock  or 
property  on  hands  in  such  place  of  business,  or  search  the  said 
premises  for  stolen  property,  or  make  such  examination  of  the  same, 
as  such  officer  may  desire  in  the  discharge  of  his  official  duty.  Any 
person  who  shall  refuse  to  permit  such  officer  to  make  such  search 
or  inspection,  or  shall  hinder  or  obstruct  him  in  making  the  same, 
or  shall  refuse  to  show  such  officer  any  property,  article  or  thing  in 
the  possession  of  such  pawnbroker,  when  requested  so  to  do  by  such 
officer,  shall,  in  either  case,  be  fined  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  ofiense,  and  shall  forfeit  his 
license  in  the  discretion  of  the  mayor. 

Violations  of  ordinance  by  clerk — principal  liable.  § 8. 
Every  licensed  pawnbroker  shall  be  subject  to  any  of  the  penalties 
prescribed  in  this  chapter  for  a violation  of  the  same,  or  any  part 
thereof,  whether  such  violation  is  done  by  himself,  or  by  his  clerk, 
agent  or  employee ; and  such  clerk,  agent  or  employee  of  any  such 
licensed  pawnbroker  who  shall  violate  this  chapter,  or  any  part 
thereof,  shall  also  be  subject  to  the  same  penalty  herein  prescribed 
for  such  violation  when  done  by  a licensed  pawnbroker. 


CHAPTER  XXIX. 


PEDDLERS. 

Section. 

1.  Peddler  defined.  * 

2.  Peddling  without  license — penalty. 

3.  License  fees. 

4.  Persons  may  sell  produce,  etc.,  without  license. 

5.  Peddler  not  to  enter  house  without  permission. 

9.  Discretion  of  mayor  in  cases  of  charity. 

Peddlers  defined.  § 1.  The  selling  of  goods,  wares,  mer- 
chandise or  other  articles,  or  the  offering  of  the  same  for  sale,  by 
any  person  transiently  or  temporarily  in  the  city  for  the  purpose  of 
selling  or  disposing  of  the  same  at  retail,  whether  in  any  room  or 
building  used  as  a temporary  place  of  business,  or  at  any  stand, 
nuinclosed  place  or  other  place  of  any  kind,  and  the  selling  of  goods, 
wares,  merchandise  or  other  articles  of  value,  or  the  offering  of  the 
same  for  sale  at  retail,  by  any  person  traveling  or  going  about  from 
place  to  place  within  the  city,  on  foot  or  in  a vehicle  of  any  kiud, 
or  whether  such  person  resides  or  does  business  within  said  city  or 
not,  shall  be  deemed  peddling,  and  the  person  so  engaged  in  such 
selling,  or  offering  to  sell,  as  aforesaid,  shall  be  deemed  a peddler, 
and  subject  to  the  provisions  of  this  chapter:  Provided , however , 
This  section  shall  not  apply  to  grocers,  milkmen,  butchers  or  other 
resident  merchants,  selling  or  delivering  merchandise  or  other  articles 
to  their  customers  or  patrons. 

Peddling  without  license — penalty.  § 2.  Whoever  shall 
peddle,  or  attempt  to  peddle,  goods,  wares,  merchandise  or  other 
articles  of  value,  without  first  obtaining  a peddler’s  license,  shall  be 
fined  not  less  than  five  dollars,  nor  more  than  one  hundred  dollars 
for  each  offense. 

License  fees.  § 3.  Licenses  granted  under  this  chapter  shall 
be  charged  for  at  the  following  rates: 

For  a license  to  sell  by  foot  peddlers,  not  less  than  one  and  not 
more  than  five  dollars  per  day. 

For  peddlers  using  a one-horse  vehicle,  not  less  than  two  nor  more 
than  ten  dollars  per  day. 

For  peddlers  using  a two-horse  vehicle,  not  less  than  five  and  not 
more  than  fifteen  dollars  per  day. 

For  peddlers  located  temporarily  or  transiently  in  a room,  not  less 

14 


210 


Ordinances  of  the 


than  ten  dollars,  nor  more  than  fifty  dollars  per  day,  to  be  determined 
by  the  mayor. 

For  peddlers  or  persons  selling  at  any  stand  or  uninclosed  place, 
not  less  than  one  dollar,  nor  more  than  five  dollars  per  day,  to  be 
determined  by  the  mayor. 

Persons  may  sell  produce,  etc.,  without  license.  § 4. 
No  license  shall  be  required  of  any  person  or  persons  to  sell  vegeta- 
bles, or  other  product  of  the  farm  or  garden,  nor  shall  any  license 
be  required  to  sell  fruits,  cakes*  nuts,  or  other  like  refreshments/ 
when  sold  by  any  resident  of  the  city. 

Peddlers  not  to  enter  house  without  permission.  § 5. 
No  peddler  shall  vex,  annoy  or  harass  any  person  by  importuning 
such  person  to  purchase  or  look  at  his  goods,  or  otherwise  vex  and 
annoy  any  person,  nor  shall  any  person  enter  any  private  house 
without  being  invited  to  go  in,  under  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars  for  each  offense,  and 
a forfeiture  of  his  license,  in  the  discretion  of  the  city  council  or  the 
police  magistrate  or  other  court  before  whom  conviction  may  be  had ; 
and  at  no  time  thereafter  shall  such  person  be  licensed,  unless,  for 
good  cause  shown,  the  city  council  shall  revoke  his  disability. 

Discretion  of  mayor  in  cases  of  charity.  § 6.  Whenever, 
in  the  judgment  of  the  mayor,  it  would  be  a proper  charity  to  allow 
any  sick,  crippled  or  helpless  person,  or  any  person  in  poverty  or 
distress,  to  sell  or  peddle  notions  or  other  like  property,  without 
requiring  the  license  fee  herein  charged  to  be  paid,  the  mayor  may 
grant  such  person  a permit  to  sell,  free  of  charge,  such  permit  to  be 
revoked  at  any  time,  in  the  discretion  of  the  mayor. 


City  of  Danville. 


211 


CHAPTER  XXX. 


POLICE  DEPARTMENT. 

Section. 

1.  Police  department  shall  consist  of  whom. 

2.  Appointment  of  policemen. 

3.  Bond  and  oath  of  policemen. 

4.  Duties  of  mayor. 

5.  Duties  of  city  marshal. 

6.  Marshal  custodian  of  property. 

7.  Reports  of  city  marshal. 

8.  Absence  of  marshal. 

9.  Day  and  night  force,  beats,  etc. 

10.  Captain  of  night  police,  turnkey,  etc. 

11.  Police  record. 

12.  Special  police. 

13.  Temporary  police. 

14.  Duties  of  police. 

15.  Power  to  arrest,  serve  warrants,  etc. 

16.  Search  warrant. 

17.  Neglect  of  duty,  etc. 

18.  Causes  for  removal. 

19.  Trial  of  persons  arrested — continuance — bail. 

20.  Arrest  at  night. 

21.  Prisoners  drunk  when  arrested. 

22.  Statement  to  be  filed. 

23.  Arrest  without  warrant, 

24.  Bail. 

25.  Officers  as  witnesses. 

26.  Witness  and  jury  fees. 

27.  Malicious  suits — costs,  etc. 

28.  Commitment — labor  of  prisoners. 

29.  Refusing  to  labor. 

30.  Discharge  of  prisoners. 

31.  Report  of  labor  performed. 

32.  Payment  of  fines  int$  treasury — magistrate’s  report. 

33.  Falsely  representing  to  be  an  officer. 

34.  Resisting  officer. 

35.  Rescue  of  prisoners. 

36.  Re-arrest  of  escaped  prisoners. 

37.  Posse  comitatus. 

38.  Uniforms  of  police. 

Police  department  shall  consist  of  whom.  § 1.  The 
police  department  of  the  city  shall  consist  of  the  mayor,  the  aider- 
men,  police  magistrates,  city  marshal,  and  such  policemen  and 
watchman  as  may  be  appointed  by  the  mayor  and  city  council. 

Appointment  of  policemen.  § 2.  The  mayor  shall,  at  the 
beginning  of  each  municipal  year,  or  within  a reasonable  time  there- 
after, and  by  and  with  the  consent  of  the  city  council,  appoint  such 


Ordinances  of  the 


A 2 


a number  of  policemen  as  the  city  council  shall  by  ordinance  or 
resolution  authorize,  who  shall  be  duly  commissioned  a$  other  city 
officers  are  by  law  required. 

Bond  and  oath  of  policemen.  § 3.  Each  policeman  or  watch- 
man shall,  before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  to  the  same  oath  required  of  other  city  officers,  and  shall, 
also  execute  a bond,  payable  to  the  city,  with  security  to  be  approved 
by  the  city  council,  in  the  penal  sum  of  one  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  his  office,  and 
the  payment  of  all  moneys  received  by  him,  according  to  law  and 
the  ordinances  of  said  city. 

Duties  of  mayor.  § 4.  The  mayor  shall  exercise  a general 
supervision  and  control  over  the  police  department,  and  shall  see 
that  the  various  police  officers  are  prompt  and  efficient  in  the  dis- 
charge of  their  duties,  and  he  shall  from  time  to  time  take  such 
measures  for  the  preservation  of  the  public  peace  and  good  order, 
and  for  the  prompt  and  efficient  execution  of  the  laws  of  the  state 
and  the  ordinances  of  the  city  as  maybe  deemed  most  expedient  and 
the  best  to  accomplish  the  purpose  contemplated. 

Duties  of  city  marshal.  § 5.  The  city  marshal  shall  be  the 
commanding  officer  of  the  entire  police  force  of  the  city,  subject 
only  to  the  mayor,  or  the  city  council  in  session.  He  shall  devote 
his  whole  time  to  the  discharge  of  his  duties,  and  shall  see  that  the 
laws  and  ordinances  are  enforced,  so  far  as  possible,  by  the  force 
under  his  command.  He  shall  assign  to  all  policemen  or  patrolmen 
their  different  beats  or  districts,  and  their  respective  hours  of  duty, 
and  shall  see  that  they  are  on  duty  during  the  wliole  time  of  their 
watch. 

Marshal  custodian  4of  property.  § 6.  The  city  marshal 
shall  be  the  custodian  of  all  property  provided  by  the  city  for  the 
use  of  the  police  department.  He  shall  also  be  the  custodian  of  all 
stolen  goods  or  other  property  received  and  retained  under  the  police 
authority. 

Reports  of  city  marshal.  § 7.  The  city  marshal  shall  make 
to  the  city  council,  at  each  regular  meeting  thereof,  a report  in 
writing  of  the  doings  of  his  department  during  the  preceding  month. 
Said  report  shall  set  forth  the  number  of  arrests,  by  whom  made, 
and  on  what  charges;  the  number  of  prosecutions  for  the  recovery 
of  fines,  before  what  magistrate  brought,  how  disposed  of,  the  amount 
of  fines  and  costs  assessed,  and  the  amount  collected  in  money  or 
labor,  together  with  a statement  of  all  property  received  by  him 
during  the  month  by  virtue  of  his  office. 


City  of  Danville. 


213 


Absence  of  marshal.  § 8.  The  city  marshal  shall  not  absent 
himself  from  the  city  without  permission  of  the  mayor;  and  in 
case  of  such  absence  the  mayor  shall  designate  some  member  of  the 
police  force  to  assume  the  duties  of  marshal,  who  shall  be  the  acting 
city  marshal,  and  shall  possess  all  the  power  and  authority  of  the 
city  marshal. 

Day  and  night  force*  beats,  etc.  § 9.  The  city  marshal 
shall  divide  the  police  force  into  two  classes,  to  be  respectively  known 
as  the  day  and  night  force.  In  making  such  division,  provision  may 
be  made  for  the  interchanging  of  the  different  members  of  the  force 
from  one  class  to  the  other,  as  he  may  deem  best.  He  shall  also 
locate  and  establish  beats  and  stations  throughout  the  city  to  be 
occupied  by  the  different  members  of  the  force  when  on  duty,  and 
shall  fix  the  hours  of  duty  for  each  relief  or  class.  He  shall  also 
report  his  action  under  this  section  to  the  city  council,  and  the  same 
shall  be  subject  to  the  approval  thereof. 

Captain  of  night  police,  turnkey,  etc.  § 10.  The  mayor 
shall  designate  one  member  of  the  police  force  as  captain  of  the 
night  police,  who  shall  perform  the  duties  of  a regular  policeman, 
but  shall  be  the  officer  in  charge  of  the  night  force,  subject  to  the 
orders  of  the  mayor  and  marshal.  The  mayor  shall  also  designate 
one  of  the  members  of  the  fire  department  as  turnkey,  who  shall  be 
the  officer  in  charge  of  the  police  station  and  city  prison.  He  shall 
remain  at  the  police  station  during  theday,  and  such  hoursof  the  night 
as  may  be  designated  by  the  city  marshal,  under  the  preceding  section. 
He  shall  have  charge  of  the  city  pound  and  the  prisoners  in  the  city 
prison,  and  shall  attend, to  their  wants  and  necessities.  It  shall  be  his 
duty  to  answer  and  attend  to  all  calls  for  police  service  in  the  neigh- 
borhood of  his  station  when  there  is  no  other  police  officer  at  the 
station.  And* such  turnkey  shall  give  the  bond  and  take  the  oath 
required  of  policemen,  and  shall  have  all  the  powers  of  a policeman. 
Such  turnkey  shall  be  exempt  from  the  duty  of  a fireman,  except 
in  case  of  fire,  which  he  shall  attend  as  other  firemen.  In  case  of 
fire,  the  duties  of  the  turnkey  and  poundkeeper  shall  be  performed 
by  any  policeman  detailed  therefor,  during  the  absence  of  such 
turnkey,  by  the  mayor,  marshal  or  night  captain.  Such  turnkey 
shall  not  be  entitled  to  any  additional  compensation  by  reason  of 
his  services  as  turnkey  and  pouud keeper. 

Police  record.  § 11.  The  city  marshal  shall  provide  a suita- 
ble police  record,  which  shall  be  kept  at  the  police  station,  and  in 
which  each  officer  making  an  arrest  shall  enter  the  name  of  the 
person  arrested,  where  arrested,  on  what  charge,  what  property,  if 


214 


Ordinances  of  the 


any,  was  taken  or  found  on  such  person,  and  how  disposed  of,  and 
shall  also  record  his  own  name  as  the  officer  making  the  arrest. 

Special  police.  § 12.  The  mayor  may,  by  and  with  the  consent 
of  the  city  council,  and  upon  the  application  of  any  corporation, 
association,  firm  or  individual,  appoint  any  suitable  person  in  the 
employ  of  such  applicant,  a special  policeman  in  and  for  said  city ; 
such  special  policeman  shall,  before  entering  upon  the  duties  of  his 
office,  take  the  same  oath,  and  execute  a bond  to  the  city  in  the  same 
amount,  and  with  like  conditions  as  required  of  other  police  officers, 
except,  that  in  such  commission,  he  shall  be  designated  as  a special 
policeman.  Such  appointment  shall  not  extend  beyond  the  municipal 
year,  and  when  such  special  policeman  has  been  duly  qualified  as 
aforesaid,  he  shall  possess  all  the  power  and  be  obeyed  the  same  as 
members  of  the  regular  police  force : Provided , such  special  police- 
man shall  not  receive  any  compensation  from  the  city  for  his  services. 
The  mayor  may  revoke  such  appointment  at  any  time  he  may  deem 
proper. 

Temporary  policemen.  § 13.  Whenever  it  may  be  deemed 
necessary  for  the  preservation  of  public  order  or  private  or  public 
property,  the  mayor,  by  and  with  the  advice  of  the  city  council,  may 
appoint  such  a number  of  temporary  policemen  as  the  city  council 
may  direct,  to  serve  for  such  period  as  the  council  may  determine. 
Such  policemen  shall  take  the  same  oath  as  required  of  other  officers, 
and  give  a bond  in  the  sum  of  three  hundred  dollars,  conditioned  as 
by  law  required,  with  surety  to  be  approved  by  the  mayor.  They 
shall  also  be  commissioned  the  same  as  other  policemen ; and  when 
so  qualified,  they  shall  possess  the  same  poVer,  perform  the  same 
duties,  and  be  subject  to  the  same  obligations  as  the  regular  police 
force.  Such  policemen  shall  receive  such  compensation  as  may  be 
agreed  upon,  or  as  may  be  provided  by  the  city  council. 

Duties  of  policemen.  § 14.  The  several  members  of  the  police 
force,  when  on  duty,  shall  devote  their  time  and  attention  to  the 
discharge  of  the  duties  of  their  office  according  to  the  ordinances  of 
the  city,  and  the  rules  and  regulations  of  the  police  department. 
They  shall,  to  the  best  of  their  ability,  preserve  order,  quiet  and 
peace  throughout  tjie  city,  and  enforce  all  the  ordinances  of  the  city. 
Every  policeman  shall  report  to  the  marshal  or  mayor,  all  persons 
known  or  suspected  to  be  gamblers,  receivers  of  stolen  goods,  thieves 
burglars  or  disorderly  persons,  and  also  all  unlawful  or  disorderly 
houses  or  places,  within  said  city,  coming  to  his  knowledge,  as  well 


City  of  Danville. 


215 


as  all  violations  of  the  laws  of  the  state,  or  the  ordinances  of  the  city, 
reported  to  him  or  of  which  he  may  be  cognizant ; and  when  it* shall 
come  to  the  knowledge  of  any  policeman  that  any  city  ordinance 
has  been  violated,  such  member  shall  forthwith  cause  a complaint  to 
be  made  before  a police  magistrate,  or  justice  of  the  peace  within 
the  city,  and  the  proper  witnesses  to  be  subpoened  and  evidence 
procured  for  the  successful  prosecution  of  the  offender. 

Power  to  arrest — serve  warrants,  etc.  § 15.  The  city 
marshal  and  each  policeman  of  said  city  shall  have  power  to  arrest 
or  cause  to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break  the  peace,  or  be  found  violating  any  ordinance  of  the 
city  of  Danville,  or  any  criminal  law  of  the  state  of  Illinois,  or 
found  under  suspicious  circumstances  and  unable  to  give  a satisfactory 
account  of  their  doings,  and  may  commit  such  persons  so  arrested 
for  examination,  and  if  necessary  detain  them  in  custody  over  night 
or  Sunday  in  the  city  prison  or  other  safe  place,  or  until  they  can 
be  brought  before  the  proper  magistrate.  All  warrants  for  the 
violation  of  ordinances,  and  all  criminal  warrants  to  whomsoever 
directed,  may  be  served  and  executed  within  the  corporate  limits  of 
said  city  by  any  policeman  thereof.  [See  laws,  1883,  state  of 
Illinois.] 

Search  warrant.  § 16.  Whenever  the  city  marshal  or  any 
police  officer  is  satisfied  that  there  is  reasonable  cause  for  searching 
any  house,  building,  apartment,  room  or  place,  for  property  that  has 
been  stolen,  embezzled,  or  fraudulently  obtained  by  false  tokens  or 
pretenses  ; or  for  counterfeit  or  spurious  money,  or  tools,  machinery 
or  materials  for  making  the  same  ; or  for  gaming  apparatus,  or 
implements  used  or  kept  and  provided  to  be  used  in  unlawful  gaming, 
it  shall  be  the  duty  of  the  marshal,  or  policeman,  to  swear  out  a 
search  warrant  for  the  search  of  such  premises,  as  by  the  statutes  of 
the  state  of  Illinois  provided. 

Neglect  of  duty.  § 17.  Any  member  of  the  police  force  who 
shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by  the 
ordinances  of  the  city,  or  the  rules  and  regulations  of  the  police 
department,  or  who  shall,  in  the  discharge  of  his  official  duties,  be 
guilty  of  any  fraud,  extortion,  oppression,  favoritism  or  willful  wrong 
or  injustice,  shall  forfeit  and  pay  a penalty  of  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars,  and  shall  be  subject  to 
removal  from  office. 


216 


Ordinances  of  the 


Causes  for  removal.  § 18.  The  following  offenses  shall  be 
deemed  sufficient  causes  for  removal  of  any  member  of  the  police 
force : 

First.  Disobedience  of  the  orders  of  mayor,  city  council  or 
marshal. 

Second.  Drunkenness.  . 

Third.  Holding  familiar  conversation  on  the  streets  with  prosti- 
tutes, or  associating  with  rowdies  or  gamblers. 

Fourth.  Violent,  insolent  or  abusive  language  to  a superior 
officer,  or  to  any  citizen,  resident  or  stranger. 

Fifth.  Drinking  intoxicating  liquor,  wine  or  beer,  while  on  duty, 
or  entering  any  saloon,  gambling  house,  or  hopse  of  ill-fame,  while 
on  duty,  except  in  the  discharge  of  the  duties  of  his  office. 

Sixth.  Accepting  or  receiving  from  any  person,  while  in  custody, 
or  after  he  shall  have  been  discharged,  or  from  any  of  such  person’s 
friends,  any  gratuity,  gift,  pay  or  reward. 

Seventh.  Communicating  to  any  person  any  information  which 
may  lead  to  the  escape  from  arrest  or  punishment  of  persons  accused 
of  any  crime,  misdemeanor,  or  violation  of  any  city  ordinance. 

Eighth.  Leaving  the  city  without  permission,  in  writing,  from 
the  mayor,  unless  in  pursuit  of  offenders  fleeing  from  arrest. 

Ninth.  Leaving  his  beat  or  post,  during  his  hours  of  duty, 
except  in  the  discharge  of  the  duties  of  his  office ; or  going  to  sleep 
during  his  hours  of  service. 

Tenth.  Charging  or  receiving  any  fee  or  compensation,  other 
than  his  legal  salary,  or  receiving  or  accepting  any  present  or  reward 
for  police  services  rendered,  or  to  be  rendered,  unless  with  the 
written  permission  of  the  mayor,  first  had  and  obtained. 

Eleventh.  Refusing  to  pay  his  just  debts  and  obligations. 

Trial  of  person. arrested  — continuance  — rail.  § 19. 
Whenever  any  person  shall  be  arrested  for  any  offense,  it  shall  be 
the  duty  of  the  police  officer  making  the  arrest,  to  take  the  prisoner 
to  the  police  headquarters,  and  a record  of  the  arrest  shall  be  made 
in  the  book  kept  for  that  purpose.  If  any  police  magistrate  is  at  his 
office,  the  prisoner  shall  be  immediately  taken  before  such  magistrate, 
and  if  the  city  and  the  prisoner  are  both  ready,  a trial  may  at  once 
be  had ; but  either  party  may  have  a continuance  for  a reasonable 
time  to  procure  witnesses,  or  for  other  good  cause  shown  ; and  the 
prisoner  shall  enter  into  a recognizance,  with  surety  to  be  approved 
by  the  magistrate,  for  his  appearance  at  the  time  of  trial ; and  in 
default  of  such  recognizance,  he  shall  be  confined  to  the  city  calaboose 
until  the  time  fixed  for  trial,  and  until  the  further  order  of  the  court. 


City  of  Danville. 


217 


Arrests  at  night.  § 20.  All  prisoners  arrested  in  the  night 
time,  or  at  any  other  times  when  no  police  magistrate’s  court  shall  be 
open,  shall  he  taken  to  police  headquarters,  and  a like  record  made 
as  before  provided,  and  the  prisoner  shall  be  confined  in  the  city 
calaboose  until  the  next  morning,  or  until  a trial  can  be  had,  or,  if 
arrested  on  Saturday  night,  or  on  Sunday,  then  he  shall  be  confined 
as  aforesaid  until  Monday  morning,  when  the  prisoner  shall  be  taken 
before  a police  magistrate  and  a trial  had,  or  the  case  continued  as 
provided  in  the  preceding  section. 

Prisoner  drunk  when  arrested.  § 21.  Whenever  any  person 
arrested  for  any  offense  shall,  at  the  time  of  his  arrest  be  drunk  or 
intoxicated,  the  officer  making  the  arrest  shall  take  such  person  to 
the  police  headquarters  and  confine  him  in  the  calaboose  until  he 
shall  become  sober  ; and  he  shall  then  be  taken  before  a police 
magistrate  for  trial  as  provided  in  other  cases. 

Statement'to  be  filed.  § 22.  When  any  suit  for  violation  of 
any  of  the  city  ordinances  shall  be  commenced  by  summons  before 
any  police  magistrate,  Or  justice  of  the  peace,  the  city  attorney,  or 
some  other  officer  of  the  city  shall  file  a statement  signed  by  him, 
substantially  as  follows,  viz: 

A.  B.,  To  the  City  of  Danville,  Dr. 

To — dollars,  for  a violation  of  the section  (or  sections) 

of  an  ordinance  of  the  city  of  Danville,  entitled  [here  set  forth  the  title  of  the 

ordinance],  passed  on  the day  of A.  D.  18 , [or  of  the  city 

charter,  as  the  case  may  be],  in  this,  to- wit : That  the  said  A.  B.,  on  or  about 

the day  of. A.  D.  18 , before  the  commencement  of  this  suit, 

did,  at  the  city  of  Danville  (or  within  the  jurisdiction  of  said  city),  [here  state 
the  particular  violation  or  violations  complained  of,  as  near  as  may  be,  in 
the  language  of  the  ordinance  or  the  city  charter]. 

(Signed)  C.  D. 

Arrests  without  warrant.  § 23.  Whenever  any  person  shall 
be  lawfully  arrested  without  a warrant,  and  brought  before  a mag- 
istrate for  trial,  no  process  shall  be  necessary,  but  the  statement 
required  by  the  preceding  section  hereof  shall  be  made  and  filed  as 
therein  provided,  and  #the  magistrate  before  whom  such  person  is 
brought  shall  enter  the  case  on  his  docket  as  in  other  cases. 

Bail.  § 24.  Any  person  who  may  be  arrested  by,  or  in  the  cus- 
tody of  any  officer,  for  the  violation  of  any  ordinance  of  the  city, 
may  release  himself  from  custody  or  imprisonment  by  entering  into 
bail  or  recognizance  before  such  officer  or  before  any  police  magis- 
trate, in  such  amount  or  with  such  surety  or  sureties  as  may  be 
required  of  him,  and  conditioned  that  he  will  appear  before  the 


218 


Ordinances  of  the 


police  magistrate  or  court  named  therein,  at  the  time  named,  and 
remain  and  answer  the  offense  with  which  he  stands  charged,  and 
await  his  trial  thereon,  and  not  depart  the  court  without  leave.  The 
amount  of  the  penalty  of  the  bond  or  recognizance  shall  be  propor- 
tioned to  the  offense  charged,  and  such  bond  or  recognizance  shall 
be  filed  with  the  magistrate  or  court  named  therein,  by  the  officer 
taking  the  same,  and  if  the  offender  shall  fail  to  appear,  or  shall 
otherwise  fail  to  comply  with  the  conditions  thereof,  the  same  shall 
be  adjudged  forfeited,  and  suit  shall  forthwith  be  brought  thereon 
against  the  offender  and  his  surety  or  sureties,  for  the  full  amount 
of  the  penalty  thereof,  and  judgment  shall  be  rendered  by  the  court 
for  the  same  and  all  costs,  or  for  so  much  of  said  penalty  as  may  be 
adjudged  just  and  proper,  upon  examination  of  the  facts  of  the  case. 

Officers  as  witnesses.  § 25.  All  officers  making  arrests  shall 
attend  as  witnesses  before  the  police  court,  and  shall  procure  all 
necessary  evidence  in  their  power,  and  furnish  a list  of  all  witnesses 
to  the  court  or  to  the  city  attorney. 

Witness  and  jury  fees.  § 26.  Witnesses  (except  officers)  and 
jurors  attending  before  any  police  magistrate  in  any  suit  or  action 
for  any  fine  or  penalty  arising  under  the  ordinances  of  the  city  shall, 
in  case  judgment  is  obtained  against  the  offender  and  collected  from 
him,  be  entitled  to  the  same  fees  as  in  like  cases  before  justices  of 
the  peace.  But  no  costs  of  any  kind  shall  be  taxed  against  or  col- 
lected of  the  city. 

Malicious  suits — costs  against  prosecutor.  § 27.  The  city 
attorney  shall  not  be  compelled  to  bring  or  prosecute  any  suit  in  any 
case  where  he  and  the  court  may  be  satisfied  that  the  complaint  is 
instituted  maliciously  or  vexatiously,  and  without  any  probable 
cause,  and  that  the  interests  of  the  public  or  of  the  city  will  not 
l^e  subserved  thereby.  And  if  any  person  charged  with  any  offense 
snail,  upon  his  trial  therefor,  be  acquitted,  and  it  shall  satisfactorily 
appear  to  the  court  that  the  complaint  or  prosecution  was  instituted 
maliciously  or  vexatiously,  and  without  probable  cause,  judgment 
may* be  rendered  against  the  complainant  or  prosecutor  for  the  costs 
arising  in  the  case,  and  execution  issued  for  the  collection  of  the 
same. 

Commitment — labor  by  prisoners,  etc.  § 28.  Any  person 
upon  whom  any  fine  or  penalty  shall  be  imposed  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is  had,  be 
committed  to  the  county  jail,  calaboose  or  other  prison,  until  such 
fine,  penalty  and  costs  shall  be  fully  paid:  Provided,  That  no  such 


City  of  Danville. 


219 


\ 


imprisonment  shall  exceed  six  months  for  any  one  offense.  Every 
person  so  committed  shall  work  for  the  city,  under  the  direction  of 
the  police,  upon  the  streets  or  alleys  thereof,  or  at  such  other  labor 
or  employment  as  mayd)e  provided  by  the  city  council,  within  or 
without  such  prison,  such  labor  suitable  to  the  health  or  strength  of 
such  person,  and  not  to  exceed  ten  hours  each  working  day.  For 
such  work  the  person  so  employed  or  worked  shall  be  allowed  two 
dollars  per  day,  exclusive  of  his  or  her  board,  which  sum  shall  be 
credited  upon  the  tine  and  costs. 

Refusing  to  labor.  § 29.  Any  person  so  committed,  who  shall 
refuse  to  labor,  or  who  shall  conduct  himself  in  a riotous  manner, 
or  shall  refuse  to  obey  the. orders  of  the  officer  of  the  city  having 
him  in  charge,  or  shall  resist  him  or  attempt  to  escape,  shall  not  be 
entitled  to  any  credit  on  his  fine,  and  may  be  re-committed  to  the 
county  jail,  or  other  place  of  confinement,  and  fed  upon  bread  and 
water  until  he  shall  consent  to  labor. 

Discharge  of  prisoners.  § 30.  Any  person  committed  may, 
at  any  time,  pay  the  amount  of  the  execution  and  costs,  and  upon 
the  payment  being  made,  or  upon  his  working  out  the  amount  of  the 
fine  and  costs  against  him,  fer  otherwise  beiug  entitled  to  his  discharge, 
the  marshal  or  other  officer  having  him  in  custody  shall,  if  required, 
give  him  a written  discharge  and  set  him  at  liberty. 

Report  of  labor  performed.  § 31.  The  marshal  or  other 
officer  having  any  person  in  his  custody  for  labor,  as  herein  provided, 
shall,  from  time  to  time,  report  to  the  city  council,  in  writing,  the 
names,  the  amount  of  the  fine,  and  the  number  of  days  worked. 

Payment  of  fines  into  treasury — magistrate’s  report. 
§ 32.  Any  police  magistrate  or  other  officer  collecting  fines  or  moneys 
on  account  of  the  city  shall  pay  the  same  into  the  city  treasury  as 
fast  as  collected.  The  police  magistrate  before  whom  any  suit  or 
suits  may  be  brought  in  the  name  of  the  city,  for  the  recovery  of 
any  fines  or  penalties,  shall  quarterly,  one  th  first  Thursday  of 
March,  June,  September  and  December  in  each  year,  report  to  the 
city  council  a list  of  all  suits  brought  in  the  name  of  the  city  since 
his  last  report,  with  the  disposition  made  of  each  case,  the  amount 
of  the. fine  imposed,  if  any,  the  name  of  the  officer  charged  with  the 
collection  of  the  same,  by  whom  and  the  amount  collected;  also  the 
amount  collected  since  his  last  report  upon  any  judgment  fbr  any 
fine  rendered  prior  to* such  report.  If  anv  police  magistrate  shall 
neglect  or  refuse  to  hold  a police  court  at  any  reasonable  time  when 
required,  or  shall  neglect  or  refuse  to  pay  over  any  moneys  collected 


220 


Ordinances  of  the 


by  him,  or  make  his  quarterly  report,  as  herein  required,  the  city 
council  may  order  all  suits  in  the  name  of  the  city,  for  the  recovery 
of  any  fine  .or  penalty,  to  be  brought  before  some  other  police  mag- 
istrate or  justice  of  the  peace,  who  shall  agree  to  comply  with  the 
requirements  hereof,  and  before  whom  all  suits  in  the  name  of  the 
city,  for  the  recovery  of  any  fine,  forfeiture  or  penalty,  shall  be 
brought.  If  any  police  magistrate  or  other  officer  shall  neglect  or 
refuse  to  pay  over  any  fine  or  any  moneys  collected  by  him  on  account 
of  the  city,  legal  proceedings  may  be  commenced  at  any  time  to  compel 
such  payment. 

Falsely  representing  to  be  an  officer — penalty.  § 33. 
Whoever  shall  falsely  represent  himself  to  be  an  officer  of  thjs  city, 
or  shall,  without  authority,  exercise  or  attempt  to  exercise  any  of  the 
powers,  duties  or  functions  of  any  city  officer,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one  hundred 
dollars  for  each  offense. 

Resisting  an  officer,  § 34.  Whoever  shall  willfully  hinder, 
delay,  resist  or  obstruct  any  city  officer,  or  any  person  legally  author- 
ized by  him,  in  the  discharge  of  his  dpty,  or  shall  aid,  abet  or 
encourage  any  such  hindering,  delaying,  resisting  or  obstructing,  or 
shall  neglect  or  refuse  to  obey  any  lawful  order  or  directions  of  any 
such  officer,  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars, and  not  exceeding  one  hundred  dollars  for  each  offense. 

Rescuing  prisoners,  etc.  § 35.  Whoever  shall  rescue  or 
attempt  to  rescue,  or  shall  abet  or  encourage  the  rescue  or  escape  of 
any  person  from  the  custody  of  any  officer  or  other  person  legally 
having  him  in  charge;  or  shall  molest  or  interfere  with  any  officer 
or  other  person'  so  legally  having  any  person  in  custody ; or  shall 
aid,  abet  or  encourage  the  rescue  or  escape  or  the  attempt  to  escape 
from  any  prison  of  any  person  legally  committed  thereto,  or  shall 
supply  or  attempt  to  supply  any  such  person  with  any  weapon  or 
with  any  implement  or  means  to  escape,  or  for  attempt  to  escape,  or 
with  any  intoxicating  liquor,  shall,  in  each  case,  be  subject  to  a pen- 
alty of  not  less  than  twenty-five  dollars,  and  not  exceeding  one 
hundred  dollars  for  each  offense. 

Re-arrest  of  escaped  prisoners.  § 36.  Whenever  any  person 
who  shall  escape  from  any  prison  or  place  of  confinement  to  which 
he  has  been  legally  committed,  or  shall  escape  from  any  officer  or 
other  person  having  him  in  custody,  it  shall  be  the  duty  of  the 
marshal  and  all  police  officers  tore-arrest,  without  process,  the  party 
so  escaping,  whenever  he  may  be  found,  and  re-commit  him  to 


City  of  Danville. 


221 


prison  or  deliver  him  into  the  custody  of  the  officer  or  person  from 
whom  he  escaped. 

Posse  comitatus.  § 37.  Any  police  officer  may  call  upon  any 
male  person  above  the  age  of  eighteen  years  to  aid  him  in  the  arrest, 
retaking  or  custody  of  any  person  having  committed  any  unlawful 
act,  or  to  aid  in  preventing  the  commission  of  any  unlawful 
act;  and  whoever  shall  neglect  or  refuse  to  give  such  aid  and  assist- 
ance, when  so  required,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars  for  each  offense. 

Uniforms  of  police.  § 38.  The  committee  on  police  of  the 
city  council  shall  make  suitable  regulations  under  which  the  police- 
men of  the  city  shall  be  required  to  wear  any  appropriate  uniform 
and  badge,  subject  to  the  approval  of  the  city  council. 


CHAPTER  XXXI. 


PUBLIC  LIBRARY. 

Section. 

. i.  Prohibits  disturbance— penalty. 

2.  To  leave  library  on  request — penalty. 

3.  Prohibits  loitering  on  stairway — penalty. 

4.  Return  of  books — fines — penalty. 

5.  Mutilating  books,  etc. 

6.  Persons  not  entitled  to  privileges  to  remain  away. 

7.  Taking  property  from  without  right. 

Prohibits  disturbances — penalty.  § 1.  Any  person  who 
shall,  while  in  the  rooms  of  the  public  library,  create  any  disturbance, 
or  who  shall  be  guilty  of  any  conduct  calculated  to  annoy  or  disturb 
others  in  said  room,  and  who  shall  not  cease  said  conduct  when 
requested  so  to  do  by  the  librarian,  or  other  person  in  charge  of  said 
room,  shall  be  fined  not  less  than  one  dollar,  nor  more  than  one 
hundred  dollars. 

To  leave  library  on  request — penalty.  § 2.  Any  person 
being  in  said  library  rooms,  who  shall  not,  when  requested  to  leave 
the  same  by  the  librarian,  or  other  person  iu  charge  of  said  rooms, 
peacefully  and  quietly  leave  said  rooms,  shall  be  fined  not  less  than 
one  nor  more  than  one  hundred  dollars. 


222 


Ordinances  of  the 


Prohibits  loitering  on  stairway — penalty.  § 3.  It  shall 
not  be  lawful  for  any  person  or  persons  to  loiter  or  sit  upon  the  stair- 
way leading  to  said  library  rooms,  and  any  person  so  found  loitering 
or  sitting  upon  said  stairway  shall  be  fined  not  less  than  one  nor  more 
than  one  hundred  dollars:  Provided , That  this  section  shall  not  take 
effect  until  there  has  been  placed  in  said  stairway,  in  a conspicuous 
place,  a notice  that  loitering  or  sitting  upon  said  stairway  is  prohibited. 

Return  of  books — fines — penalty.  § 4.  Any  person  who 
shall  fail  to  return  any  book  or  books,  taken  by  him  or  her  from  the 
public  library,  at  the  time  when,  by  the  rules- of  said  library,  the 
same  should  be  returned,  and  who  shall  not  promptly  pay  the  fines 
provided  for  by  the  rules  and  regulations  governing  said  library,  as 
the  same  have  been  or  may  be  established  by  the  board  of  directors 
of  said  library,  shall  be  fined  in  any  sum  not  less  than  one  nor  more 
than  one  hundred  dollars:  Provided , That  no  fines  under  this  ordi- 
nance shall  be  less  than  the  amount  of  fines  due  under  said  rules 
and  regulations  of  said  board  of  directors. 

Mutilating  books,  etc.  § 5.  Any  person  who  shall  Avillfully 
or  maliciously  deface,  destroy,  mutilate  or  injure  any  book,  pamphlet 
or  paper  belonging  to  said  public  library,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Persons  not  entitled  to  privileges  to  remain  away. 
§ 6.  Any  person  who  shall  not  be  entitled  to  the  privileges  of  the 
public  library,  who  shall  persist  in  visiting  the  same  after  being 
notified  to  remain  away  therefrom,  shall  be  fined  not  less  than  three 
nor  more  than  one  hundred  dollars  for  each  offense. 

Taking  property  from,  without  right.  § 7.  Any  person 
who  shall  take  or  remove  from  said  library  rooms  any  article  without 
the  consent  of  the  librarian,  or  person  in  charge  of  said  rooms,  shall 
be  fined  not  less  than  one  nor  more  than  one  hundred  dollars  for 
each  offense. 


City  of  Danville. 


223 


CHAPTER  XXXII. 

RAILROADS. 

Section. 

1.  Speed  of  cars. 

2.  Cars  obstructing  street. 

3.  Locomotive  whistle. 

4.  Railroad  crossings — bridges. 

5.  Neglect  to  build  after  notice. 

6.  City  may  build  crossings,  etc. 

7.  Flagmen,  bars,  gates,  etc. 

8.  Lights  on  cars  at  night. 

9.  Penalty. 

Speed  of  cars,  etc.  § I.  No  railway  company,  railroad  engineer, 
railroad  conductor  or  other  person  shall  run  any  locomotive,  freight  or 
passenger  car,  or  any  train  of  cars,  upon  or  aloug  any  railroad  track, 
side-track  or  switch  within  the  corporate  limits  of  the  city  of  Dan- 
ville at  a greater  rate  of  speed  than  ten  miles  an  hour. 

Cars  obstructing  street.  § 2.  No  railway  company,  railroad 
engineer,  train  conductor  or  other  person  shall  cause  or  allow  any 
locomotive,  car  or  cars,  or  train  of  cars  to  stop  in  or  remain  upon  any 
street  or  railroad  crossing  within  said  city  for  a longer  period  than 
ten  minutes:  Providd , however , It  shall  be  lawful  for  a train  of  cars 
to  remain  across  said  streets  if  the  same  shall  be  uncoupled,  cut  or 
separated  in  such  manner  as  to  allow  free  and  safe  passage  over  such 
crossing  for  teams  and  foot  passengers. 

Locomotive  whistles.  § 3.  No  railway  company,  locomotive 
engineer  or  fireman  shall  cause  or  allow  the  whistle  of  any  locomotive 
engine  to  be  sounded  within  the  corporate  limits  of  said  city,  except 
necessary  brake-signals,  and  such  as  may  be  absolutely  necessary  to 
prevent  injury  to  persons,  or  other  casualty  or  accident. 

Railroad  crossings  and  bridges.  § 4.  All  railroad  compa- 
nies whose  tracks  now  or  may  hereafter  enter  or  pass  through  the 
corporate  limits  of  the  city,  shall  respectively  construct,  repair  and 
maintain  good,  safe  and  sufficient  culverts,  crossings  and  bridges, 
with  gcjod  and  easy  approaches  thereto,  on  all  public  alleys,  streets, 
sidewalks  and  highways  where  their  respective  tracks  pass  under, 
across  or  over  any  afley,  street  or  highway  within  said  city. 

Neglect  after  notice — penalty.  § 5.  Whenever  any  cross- 
ing, culvert  or  bridge  shall  be  needed  upon  the  line  of  any  railroad 


224 


Ordinances  of  the 


within  the  city,  or  shall  need  repairing,  it  shall  be  the  duty  of  the 
mayor  to  give  such  company  fifteen  days’  notice,  in  writing,  of  the 
work  to  be  done,  and  the  place  where  required  ; and  any  railroad 
company  neglecting  or  refusing  to  construct  or  repair  any  crossing, 
culvert  or  bridge,  after  having  received  fifteen  days’  notice  so  to  do, 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  fifty  dollars 
for  each  day  of  such  neglect  or  refusal. 

City  may  build  crossing  and  recover  cost.  § 6.  In  case  of 
the  failure  or  refusal  of  any  railroad  company  to  constructor  repair 
any  crossing,  culvert  or  bridge,  when  duly  notified  by  the  mayor  so 
to  do,  as  provided  in  section  5 hereof,  the  city  council  may  order  such 
crossing,  culvert  or  bridge  to  be  constructed  or  repaired,  as  may  be 
needed,  at  the  expense  of  the  city,  and  such  company  shall  be  liable 
to  the  city,  in  an  action  of  debt,  for  the  cost  thereof. 

Flagmen,  bars,  gates,  etc.  § 7.  All  railroad  companies, 
corporations  or  persons  operating  any  line  of  railway,  whose  track 
or  tracks  cross  any  of  the  following  named  streets  in  said  city : Main, 
Vermilion,  Hazel,  North,  or  South  streets,  and  at  all  other  street 
crossings  when  they  shall  be  required  so  to  do  by  resolution  of  the 
city  council,  shall  station,  keep  and  maintain,  at  their  own  expense, 
at  each  of  said  street  and  railroad  crossings,  a reliable  and  competent 
flagman,  whose  duty  it  shall  be  to  signal  persons  traveling  in  the 
direction  of  any  of  said  crossings,  and  warn  them  of  the  approach 
of  any  locomotive,  car,  train  of  cars,  or  other  impending  danger. 
In  addition  thereto,  whenever  the  city  council  shall  deem  it  necessary 
to  require  any  railroad  company,  corporation  or  persons  operating 
any  line  of  railway,  as  aforesaid,  to  provide  further  protection 
against  injury  to  persons  and  property  at  any  such  railroad  crossing 
in  said  city,  said  city  council  may  by  resolution  so  declare,  and  direct 
that  any  such  railroad  company  shall,  within  a certain  time,  to  be 
fixed  in  said  resolution,  erect,  construct  and  maintain  a sufficient 
gate  or  gates,  or  other  efficient  protection  at  such  crossing. 
Within  ten  days  after  the  passage  of  said  resolution,  the  mayor  shall 
cause  to  be  served  upon  such  railroad  company  named  in  such  reso- 
lution a certified  copy  thereof,  by  leaving  the  same  with  any  agent, 
officer  or  employee  of  said  company.  Any  railroad  company  required 
to  erect  or  construct  any  such  protection  as  aforesaid,  which  shall 
neglect,  fail  or  refuse  so  to  construct  the  same,  within  the  time 
specified  in  said  resolution,  shall  be  fined  not  less  than  fifty  dollars, 
and  shall  be  subject  to  a like  penalty  for  each  and  every  ten  days 
after  the  expiration  of  the  time  so  fixed  for  the  construction  of  such 
protection. 


City  of  Danville. 


225 


Lights  on  cars  at  night.  § 8.  Every  locomotive  engine, 
railroad  car  dr  train  of  cars  running  in  the  night-time  on  any  railroad 
track  in  said  city  shall  have  and  keep,  while  so  running,  a conspic- 
uous light  on  the  forward  end  of  such  locomotive,  car  or  train  of 
cars.  If  such  engine,  car  or  train  of  cars  be  backing,  it  shall  have 
a conspicuous  light  in  the  rear  car  or  engine,  so  as  to  show  in  the 
direction  said  car  is  moving. 

Penalty.  § 9.  Any  railroad  company  or  railroad  corporation 
who  shall,  of  themselves  or  by  their  agents  or  employees,  violate  or  fail 
to  observe  any  of  the  foregoing  provisions  of  this  chapter,  or  any  agent, 
engineer,  conductor  or  other  employee  of  any  such  railroad  company 
or  corporation,  who  shall  violate  or  fail  to  observe  the  same,  shall, 
for  each  violation  or  failure  to  observe  the  same,  where  no  other 
penalty  is  imposed,  be  fined  in  a sum  not  less  than  three  dollars,  nor 
more  than  two  hundred  dollars. 


CHAPTER  XXXIII. 

ROLLER  SKATING  RINKS. 

Section. 

1.  License  required. 

2.  Amount  of  license. 

3.  Penalty. 

4.  Clerk  to  issue  license. 

5.  Mayor  may  revoke  license. 

License  required.  § 1.  It  shall  be  unlawful  for  any  person, 
persons  or  corporation  to  engage  in  the  business  of  running  a roller 
skating  rink  or  skating  school  in  the  city  of  Danville  without  first 
having  obtained  a license  so  to  do,  in  accordance  with  the  provisions 
of  this  chapter  of  this  ordinance. 

Amount  of  license.  § 2.  Every  person,  persons  or  corpora- 
tion who  shall  hereafter  engage  in  or  rent  any  room  or  building  in 
said  city  for  the  purpose  of  running  a roller  skating  rink,  skating 
school,  or  for  the  purpose  of  teaching  persons  how  to  skate  on  roller 
skates  shall  pay  a license  fee  of  fifty  dollars  per  month  to  said  city 
of  Danville,  payable  in  advance  for  each  and  every  month  they  shall 
run  said  rink. 

Penalty.  § 3.  Any  person,  persons  or  corporation  running  a 
roller  skating  rink,  skating  school  or  school  for  learning  to  skate  on 

15 


226 


Ordinances  of  the 


roller  skates,  without  first  having  obtained  a license  so  to  do,  under 
the  provisions  of  this  chapter  of  this  ordinance,  shall  be  fined  not 
less  than  ten  dollars,  nor  more  than  one  hundred*  dollars  for  each  day 
said  person,  persons  or  corporation  engage  in  or  run  said  roller  skating 
rink  or  skating  school  without  a license. 

Clerk  to  issue  license.  § 4.  It  shall  be  the  duty  of  the  city 
clerk  to  issue  said  license- upon  a payment  to  him  of  the  above  license 
fee. 

Mayor  may  revoke  license.  § 5.  The  mayor  or  the  city 
council  shall  have  power  to  revoke  any  such  license,  at  any  time, 
for  any  good  or  sufficient  cause,  or  upon  the  failure  of  such  person, 
persons  or  corporation  to  comply  with  any  of  the  city  ordinances. 


CHAPTER  XXXIV. 


RULES  OF  CITY  COUNCIL. 

Section. 

1.  Meetings  of  council. 

2.  Standing  committees. 

3.  Duties  of  committees. 

4.  Streets  and  alleys. 

5.  Public  grounds  and  buildings. 

6.  Fire  and  water. 

7.  Finance. 

8.  Police. 

9.  Claims. 

10.  Printing. 

11.  Markets. 

12.  Bridges. 

13.  License. 

13a.  Sewers. 

14.  Contracts  not  authorized  by  council  forbidden. 

15.  Rules  of  council-. 

Meetings  of  council — regular  and  special.  § 1.  A reg- 
ular meeting  of  the  city  council  shall  be  held  on  the  first  Thursday 
evening  of  each  month  during  the  year.  Special  meetings  may  be 
called  by  the  mayor,  or  by  any  three  members  of  the  council,  when- 
ever, in  his  .or  their  discretion,  it  may  be  deemed  necessary ; in  which 
event  it  shall  be  the  duty  of  the  city  marshal  to  cause  each  member 
of  the  council  to  be  personally  served  with  a notice  of  such  special 
meeting,  or  by  leaving  a copy  thereof  at  his  usual  place  of  business 


City  of  Danville. 


227 


or  residence.  Said  notice  shall  state  the  object  of  such  meeting,  and 
no  business  shall  be  transacted  at  any  special  meeting  except  such 
as  is  stated  in  said  notice. 

Standing  committees.  § 2.  It  shall  be  the  duty  of  the  mayor, 
at  the  beginning  of  each  year  for  which  members  of  the  city  council 
are  elected,  to  appoint  the  following  named  standing  committees, 
the  first  named  member  of  each  committee  to  be  the  chairman  thereof, 
and  each  committee  to  consist  of  not  less  than  three  members,  viz: 

First.  Committee  on  streets  and  alleys. 

Second.  Committee  on  public  grounds  and  buildings. 

Third.  Committee  on  fire  and  water. 

Fourth.  Committee  on  finance. 

Fifth.  Committee  on  police. 

Sixth.  Committee  on  claims. 

Seventh.  Committee  on  printing. 

Eighth.  Committee  on  markets. 

Ninth.  Committee  on  bridges. 

Tenth.  Committee  on  license. 

Eleventh.  Committee  on  sewerage. 

Duties  of  standing  committees.  § 3.  It  shall  be  the  duty  of 
the  standing  committees  to  keep  a close  watch  over  the  affairs  of 
their  respective  departments,  and  to  promptly  investigate  and  report 
in  writing  upon  all  matters  referred  to  them  by  the  council,  and 
perform  such  other  duties  as  may  be  from  time  to  time  assigned 
them. 

Streets  and  alleys.  § 4.  The  committee  on  streets  and  alleys 
shall  have  charge  of  and  direct  all  improvements  oil  public  thor- 
oughfares, the  opening,  laying  out,  widening,  extending  and  vacating 
the  same,  and  all  additions  to  the  city. 

Public  grounds  and  buildings.  § 5.  The  committee  on 
public  grounds  and  buildings  shall  have  charge  of  all  buildings  and 
grounds,  including  the  parks,  belonging  to  or  occupied  by  the  city, 
and  the  preservation,  repair  and  improvement  of  the  same,  and  shall 
also  have  charge  of  all  public  cemeteries. 


228 


Ordinances  of  the 


Fire  and  water.  § 6.  The  committee  on  fire  and  water  shall 
have  general  supervision  over  the  fire  department,  water  supply  of 
the  city,  and  all  improvements  and  machinery  belonging  thereto, 
and  all  matters  pertaining  to  water  works. 

Finance.  § 7.  The  committee  on  finance  shall  have  charge  of 
all  matters  pertaining  to  the  financial  condition  of  the  city;  audit  and 
examine  the  treasurer’s  report;  receive  estimates  from  the  other  com- 
mittees for  annual  appropriations,  and  prepare  and  present  the  annual 
appropriation  bill,  an'd  shall  report  to  the  council,  at*  each  regular 
meeting  thereof,  the  amount  of  expenditures  made  in  each  regular 
meeting  thereof,  the  amount  of  expenditures  made  in  each  depart- 
ment of  appropriations,  and  the  balance  unexpended. 

Police.  § 8.  The  committee  on  police  shall  have  charge  of  all 
matters  pertaining  to  the  peace  and  good  order  of  the  city,  and  the 
general  supervision  and  direction  of  all  police  officers,  prisons  and 
work-houses,  of  the  cleansing  of  the  city,  the  removal  and  abate- 
ment of  all  nuisances,  and  the  lighting  of  streets  and  public  buildings. 

Claims.  § 9.  The  committee  on  claims  shall  investigate  and 
examine  all  claims  against  the  said  city  which  may  be  referred  to 
them,  and  report  the  same  back  to  the  council,  with  their  recom- 
mendations indorsed  thereon  in  writing,  signed  by  at  least  two  of 
the  committee. 

Printing.  § 10.  The  committee  on  printing  shall  have  charge 
of  all  matters  pertaining  to  printing,  and  the  furnishing  of  stationery 
and  blanks  to  the  different  officers  and  departments  of  the  city,  and 
the  making  of  contracts  pertaining  to  the  same. 

Markets.  § 11.  The  committee  on  markets  shall  have  charge 
of  all  public  and  private  scales,  weights  and  measures;  the  vending 
of  all  commodities  in  the  streets  of  the  city;  the  weighing  of  coal 
and  the  measurement  of  wood  and  lumber,  and  shall  have  charge 
of  all  matters  pertaining  to  markets. 

Bridges.  § 12.  The  committee  on  bridges  shall  have  charge 
and  control  of  all  bridges  over  the  Vermilion  river,  the  North  Fork 
and  Stony  creek,  and  of  such  other  bridges  as  may  be  from  time  to 
time  committed  to  the  charge  of  such  committee. 

License.  § 13.  The  committee  on  license  shall  investigate  all 
applications  for  dramshop  license,  together  with  the  bonds  therefor, 
and  shall  examine  the  sufficiency  of  such  bonds  and  the  sureties 
thereon,  and  particularly  in  regard  to  the  qualifications  of  applicants, 
as  prescribed  by  the  ordinances,  and  the  fitness  and  propriety  of  the 


City  of  Danville. 


229 


place  where  the  business  is  to  be  carried  on.  Said  committee  shall 
also  hear  and  determine  any  charges  made  against  any  dramshop 
keeper,  unless  otherwise  especially  ordered  by  the  council. 

Sewerage.  § 13a.  The  committee  on  sewerage  shall  have  charge 
of  all  matters  pertaining  to  sewers  and  sewerage. 

Contracts  not  authorized  by  committee  forbidden.  § 14. 
No  committee  of  the  city  council,  nor  any  member  of  said  council, 
or  other  officer  of  said  city,  shall  expend  or  contract  for  the  expend- 
iture of  any  moneys  belonging  to  the  city,  or  incur  any  liability  on 
the  part  of  the  city  for  the  improvement  of  any  street,  sidewalk, 
alley,  building  or  other  property  belonging  to  or  under  the  control 
of  said  city,  unless  authorized  so  to  do  by  ordinance  or  resolution  of 
the  city  council. 

Rules  of  city  council.  § 15.  The  following  rules  for  the 
government  of  the  deliberations  of  the  council  are  hereby  adopted, 
viz : 

I.  . The  order  of  business  at  all  regular  meetings  of  the  council 
shall  be  as  follows: 

1.  Reading  of  minutes  of  proceedings  regular  and  special  meetings. 

2.  Reports  of  standing  committees. 

3.  Reports  of  special  committees. 

4.  Reports  of  officers. 

5.  Petitions  and  communications  to  the  council. 

6.  Presentation  of  claims  and  accounts. 

7.  Unfinished  business. 

8.  Miscellaneous  business. 

II.  The  mayor  shall  preserve  order  and  decorum,  and  shall 
•decide  all  questions  of  order,  subject  to  an  appeal  to  the  council. 
Appeals  to  the  council  shall  be  decided  without  debate. 

ill.  No  member  shall  speak  more  than  twice  upon  any  ques- 
tion, nor  more  than  ten  minutes  at  one  time,  except  by  permission  of 
the  council. 

IV.  Any  member  called  to  order  shall  immediately  take  his 
:aeat  until  the  point  of  order  is  decided. 


230 


Ordinances  of  the 


Y.  While  any  member  is  speaking,  no  member  shall  engage  in 
conversation  with  others,  or  pass  between  the  speaker  and  the  mayor.. 

VI.  Any  member  indulging  in  personalties,  or  reflections, 
injurious  to  the  feelings-  of  any  other  member,  or  the  harmony  of  the- 
council,  shall  be  called  to  order  by  the  mayor. 

VII.  AlFpetitions^and  other  communications  to  the  council  shall! 
be  in  writing. 

VIII.  When  a question  is  stated,  every  member  present  shall 
vote,  unless  excused  by  the  council,  or  unless  directly  interested  in 
the  question,  in  which  case  he  shall  not  vote. 

IX.  No  motion  shall  be  entertained  unless  seconded ; when 
seconded,  it  shall  be  stated  by  the  mayor,  and  if  any  member 
requires  it  reduced  to  writing. 

X.  When  a motion  or  resolution  has  been  stated  by  the  mayor,, 

it  shall  be  deemed  to  be  in  possession  of  the  council,  but  may  be 
withdrawn  at  any  time  before  a decision  or  amendment,  by  consent 
of  the  council.  ► 

XI.  If  a question  under  consideration  contains  more  than  one 
distinct  proposition,  it  may  be  divided  on  the  request  of  any 
member. 

XII.  When  a blank  is  to  be  filled  and  different  sums  or  times: 
proposed,  the  question  shall  first  be  put  upon  the  largest  sum  or  the 
longest  time. 

VIII.  When  a question  is  under  debate,  no  motion  shall  be 
received,  unless  for  the  previous  question,  to  refer,  to  postpone 
indefinitely,  to  adjourn  to  a certain  day,  to  lay  on  the  table,  to, 
amend,  or  to  adjourn  the  council. 

XIV.  A motion  for  the  “ previous  question,”  to  lay  the  question- 
on  the  table,  or  to  commit  it  until  decided,  shall  preclude  all 
amendment  or  debate  of  the  main  question ; and  a motion  to 
postpone  a question  indefinitely,  or  to  adjourn  to  a certain  day,, 
shall,  until  it  is  decided,  preclude  all  amendment  to  the  main, 
question. 

XV.  The  “previous  question”  shall  be  put  as  follows : “Shall: 
the  main  question  be  now  put?” 

XVI.  A motion  to  adjourn  shall  always  be  in  order,  and  shall 
be  decided  without  debate. 


City  of  Danville. 


231 


XVII.  In  all  cases  the  name  of  a member  offering  a resolution 
or  motion,  shall  be  entered  with  it,  upon  the  journal. 

XVIII.  The  yeas  and  nays  shall  be  taken  on  the  passage  of 
every  ordinance,  and  on  all  propositions  to  create  any  liability 
against  the  city,  or  for  the  expenditure  or  appropriation  of  its 
money,  and  be  entered  upon  the  journal;  and  if  any  member 
require  it,  upon  any  question  before  the  council,  but  shall  not  be 
taken  unless  called  for  previous  to  the  taking  of  the  vote. 

XIX.  No  ordinance  shall  be  repealed  or  passed,  or  contract  or 
appropriation  made,  unless  by  a vote  of  the  majority  of  the  board. 

XX.  Committees  to  whom  any  subject  may  be  referred,  shall 
report  in  writing,  addressed  to  the  city  council  of  the  city  of 
Danville,  and  the  reports  shall  be  filed  away  and  preserved  by  the 
clerk. 

XXI.  Any  report  qf  a committee  of  the  council  shall  be 
deferred,  for  final  action  thereon,  to  the  next  regular  meeting 
of  the  same  after  the  report  is  made,  upon  the  request  of  any  two 
aldermen  present.  [See  section  15,  Article  III,  Act  of  Incor- 
poration.] 

XXII.  The  city  clerk  shall  forward  all  papers  to  the  appropriate 
committees  and  officers,  as  early  as  the  next  day,  after  the  reference 
shall  be  made,  by  the  city  marshal,  who  shall  deliver  them. 

XXIII.  No  petition  for  the  remission  of  a fine  under  any 
ordinance  of  the  city,  shall  be  granted  without  a vote  of  two-thirds 
of  the  council,  or  without  said  petition  is  signed  by  the  police 
magistrate,  or  the  jury  imposing  the  fine,  or  the  city  attorney. 

XXIV.  Every  proposition  involving  the  expenditure  of  money, 
shall  be  referred  to  an  appropriate  standing  committee,  and  a report 
thereon  made  to  the  council  by  said  committee  before  the  council 
vote  upon  the  expenditure. 

XXV.  On  all  points  of  order  not  herein  specially  provided  for, 
Cushing’s  manual  of  parliamentary  practice  is  adopted,  and  made 
the  law  governing  the  deliberations  of  said  council. 

XXVI.  The  foregoing  rules,  or  any  of  them  shall  not  be 
repealed  or  annulled,  amended,  abridged,  modified  or  suspended, 
except  by  a vote  of  the  majority  of  the  council. 


232 


Ordinances  of  the 


CHAPTER  XXXV. 

SEAL. 

Section. 

1.  Shape — words  on. 

2.  City  clerk  to  prepare  commissions  — affix  corporate  seal— copies 
of  record  to  be  certified  under  seal — seal  not  binding  on  the  city. 

I 

Shape — words  on.  § 1.  The  corporate  seal  of  the  city  of 
Danville  shall  be  of  circular  shape,  with  the  words,  “ Corporate 
Seal  of  the  City  of  Danville,  Illinois,  1867, *’  engraved  on  the  face 
thereof. 

City  clerk  to  prepare  commissions,  etc.  § 2.  The  city  clerk 
shall  prepare  all  commissions  or  other  official  documents  required 
to  be  issued,  and  affix  the  corporate  seal  thereto,  and  attest  or 
countersign  the  same.  He  shall  affix  the  corporate  seal  to  all 
official  acts  of  the  mayor  requiring  it,  and  if  necessary,  attest  or 
countersign  the  same.  He  shall  certify,  under  the  corporate  seal, 
copies  of  all  records,  documents  or  paper  in  his  office,  when  required 
by  any  officer  or  other  person.  But  in  no  case  shall  the  impression 
of  the  corporate  seal  be  binding  upoji  the  city,  unless  it  be  authorized 
By  the  charter  or  ordinances  of  the  city,  and  is  attested  by  the 
signature  of  the  city  clerk. 


CHAPTER  XXXVI. 

SECOND-HAND  DEALERS. 


Section. 

1.  Second-hand  dealers  defined. 

2.  License  required — penalty. 

3.  Mayor  to  grant  license — bond. 

4.  License  to  expire,  when — revocation. 

5.  Book  of  purchases  to  be  kept— penalty. 

6.  Book  open  to  inspection. 

7.  Agents,  clerks,  etc.,  liable  as  principal. 

8.  Right  to  revoke  license. 

Second-hand  dealers  defined.  § 1.  Whoever  shall  deal  in, 
purchase,  buy  or  barter  second-hand  furniture  or  second-hand  house- 
hold goods  of  any  description  to  sell  again,  shall  be  deemed  dealers 
in  second-hand  goods  within  the  meaning  of  this  ordinance. 


City  of  Danville.  233 


License  required — penalty.  § 2.  Whoever  shall  carry  on  or 
conduct  the  business  of  second-hand  store,  and  a dealer  in  second- 
hand furniture  and  household  goods  within  the  city  of  Danville, 
without  having  first  obtained  a license  so  to  do,  in  accordance  with 
the  provisions  of  this  ordinance,  shall  be  fined  not  less  than  two 
dollars,  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

Mayor  to  grant  license — bond.  § 3.  The  mayor  is  hereby 
authorized  to  grant  a license  to  dealers  in  second-hand  goods,  at  his 
discretion,  on  the  following  conditions  : 

First.  The  person  so  applying  for  such  license  shall  be,  to  the 
satisfaction  of  the  mayor,  a person  of  good  moral  character,  and 
,*such  applicant  shall  pay,  as  a license  fee,  the  sum  of  twenty-five 
dollars  per  year,  payable  in  quarterly  installments  in  advance. 

Second.  The  applicant  shall  execute  a bond  to  the  city  of  Dan- 
ville, with  one  or  more  sureties  to  be  approved  by  the  mayor,  in  the 
penal  sum  of  one  thousand  dollars,  conditioned  that  the  said  applicant 
shall  in  every  respect  conform  to  the  requirements  or  provisions  of 
any  existing  ordinance  of  said  city,  and  such  ordinances  as  may 
thereafter  be  passed,  concerning  secjnd-hand  stores;  and  thereupon 
the  city  clerk  shall  issue  to  such  applicant  a license  as  a dealer  in 
second-hand  - goods,  under  the  corporate  seal  of  the  city,  signed  by 
the  mayor  and  countersigned  by  the  city  clerk. 

License  to  expire,  when — revocation.  § 4.  Every  license 
issued  under  this  ordinance  shall  expire  at  the  end  of  the  municipal 
year  in  which  it  is  granted,  subject,  however,  to  the  right  of  the 
mayor  to  revoke  such  license  at  any  time,  in  his  discretion,  for  cause 
which  may  appear  to  him  sufficient. 

Book  of  purchases  to  be  kept — penalty.  § 5.  Every  person 
licensed  as  aforesaid  shall  keep  at  his  place  of  business  a substantial 
and  well  bound  book,  in  which  he  shall  enter  a description  of  all 
personal  property  purchased  by  him  or  his  clerks  or  agents,  with  the 
date  of  the  purchase,  the  name  and  residence  or  place  of  business 
of  the  person  from  whom  such  purchase  was  made;  also  entering 
any  prominent  or  descriptive  marks  that  may  be  on  such  property. 
Said  book  shall  be  kept  clean  and  legible,  and  all  the  entries  made 
therein  shall  be  in  ink,  and  no  entry  therein  shall  be  afterward  erased, 
obliterated  or  defaced.  Any  person  licensed  under  this  ordinance 
as  aforesaid,  who  shall  neglect  or  refuse  to  comply  with  any  of  the 
provisions  of  this  section,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  one  hundred  dollars  for  each  and  every  offense. 


234 


Ordinances  of  the 


Book  open  to  inspection.  § 6.  Every  person  so  licensed  as  afore- 
said, during  ordinary  business  hours,  when  requested  by  the  mayor, 
city  marshal,  or  any  policeman,  shall  submit  and  exhibit  such  book, 
provided  for  in  section  five  (5),  to  the  inspection  of  either  of  the  above 
named  officers ; and  any  person  so  licensed  as  above  stated,  who 
fails,  neglects  or  refuses  to  comply,  or  obstructs  the  officer  in  making 
the  inspection  of  such  book,  shall,  in  either  case,  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Agents,  clerks,  etc.,  liable  as  principal.  .§  7.  Any  agent, 
clerk  or  emyloyee  of  any  licensed  second-hand  store,  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall  be  subject  to  the  same 
penalties  herein  prescribed  for  such  violations  when  done  by  a licensed 
dealer  in  second-hand  goods  or  keeper  of  a second-hand  store. 

Right  to  revoke  license.  § 8.'  Any  violation  of  any  of  the 
provisions  of  this  ordinance  by  any  dealer  in  second-hand  goods,  or 
by  his  clerk,  agent  or  employee,  shall  be  sufficient  cause  for  the 
revocation  of  the  license  of  such  dealer  in  second-hand  goods,  in  the 
discretion  of  the  mayor. 


235 


City  of  Danville. 


CHAPTER  XXXVII. 


. SEWERS. 

Section. 

1.  All  sewers  declared  local  improvements. 

2.  Divides  city  into  sewer  districts. 

3.  Sewers  to  conform  to  Warring’s  specifications. 

4.  Manner  of  constructing  sewers  with  reference  to  laterals. 

5.  Sewers  to  be  in  center  of  streets  or  alleys. 

6.  Construction  of  house  connections — penalty. 

7.  Engineer  to  keep  plats  showing  location  of  sewers. 

8.  Private  connections  to  be  made  by  licensed  plumber. 

9.  Application  to  engineer  for  house  connection. 

10.  Engineer  to  grant  permits. 

11.  Private  sewers — bond — inspection. 

12.  Manner  of  opening  trenches,  etc. — notice — inspection. 

13.  Private  connections  made  under  engineer’s  direction. 

14.  Uncovering  sewer  or  tampering  with  flush-tanks,  etc. — penalty. 

15.  No  opening  for  storm  water,  garbage,  etc.,  allowed. 

16.  Not  to  excavate  around  sewers  without  permit. 

17.  License  from  engineer  required. 

18.  Engineer,  etc.,  to  have  access  to  private  house  for  inspection. 

19.  Connections  must  have  fixtures  for  water  supply. 

20.  When  no  engineer  appointed,  acting  engineer  to  act. 

21.  Penalty. 

22.  Engineer  to  prepare  blanks,  etc. 

23.  Heavy  weights  over  sewers  prohibited. 

24.  Flushing  sewers — obstructions. 

All  sewers  declared  local  improvements.  § 1 . All  sewers, 
both  main  and  lateral,  hereafter  constructed  in  the  city  of  Danville 
are  hereby  declared  a local  improvement,  and  the  cost  thereof  shall 
be  provided  for  by  special  taxation  of  property  benefited,  as  herein- 
after provided.  And  all  such  sewers  shall  be  under  the  supervision 
and  control  of  the  city  engineer  of  said  city,  subject  to  the  control 
and  direction  of  the  city  council  when  in  session. 

Divides  city  into  sewer  districts,  g 2.  Said  city  shall  be, 
and  hereby  is,  divided  into  sewerage  districts,  numbered  from  one 
to  eighteen.  The  boundaries  of  said  several  sewerage  districts  are() 
hereby  declared  to  be  as  follows,  viz: 

District  No.  1. 

Beginning  where  the  center  line  of  Main  street  crosses  the  center 
line  of  the  right  of  way  of  the  Wabash,  St.  Louis  & Pacific  railway ; 
thence  east  to  the  center  of  Stony  creek ; thence  up  the  center  of 
said  Stony  creek  to  the  south  line  of  North  street;  thence  west  to 


236 


Ordinances  of  the 


the  center  lin4  of  the  said  right  of  way  of  the  said  Wabash,  St.  Louis 
& Pacific  railway;  thence  southwesterly  along  the.  center  of  said 
right  of  way  to  the  place  of  beginning. 

District  No.  2. 

Beginning  where  the  south  line  of  North  street  crosses  the  center 
of  the  right  of  way  of  the  Wabash,  St.  Louis  & Pacific  railway; 
thence  northeasterly  along  the  center  of  said  right  of  way  to  the 
center  of  Stony  creek ; thence  down  the  center  line  of  Stony  creek 
to  the  south  line  of  North  street;  thence  west  along  the  south  line 
of  North  street  to  the  place  of  beginning. 

District  No.  3. 

Beginning  where  the  center  line  of  Main  street  crosses  the  center 
line  of  the  right  of  way  of  the  Wabash,  St.  Louis  & Pacific  railway ; 
thence  southwesterly  along  the  center  line  of  said  right  of  way  to  the 
center  of  South  street ; thence  south  to  a point  halfway  between  the 
south  side  of  South  street  and  the  north  side  of  Green  street ; thence 
east  to  the  east  side  of  lot  4 in  block  7 in  McRoberts  & Walker’s 
addition  to  Danville  ; thence  north  to  the  south  line  of  South  street ; 
thence  east  to  the  west  line  of  Park  street ; thence  north  to  the  north 
side  of  South  street ; thence  east  to  the  center  of  Stony  creek;  thence 
up  the  center  of  Stony  creek  to  the  center  of  Main  street ; thence 
westerly  along  the  center  line  of  Main  street  to  the  place  of  begin- 
ning. 

District  No.  4. 

Beginning  where  the  center  line  of  Main  street  crosses  the  center 
of  Stony  creek ; thence  easterly  on  the  center  line  of  Main  street 
to  the  center  line  of  Bowman  avenue ; thence  south  to  the  Vermilion 
river j thence  up  the  Vermilion  river  to  the  center  of  Elizabeth 
street  extended  ; thence  north  along  the  center  of  Elizabeth  street 
to  the  center  line  of  Wayne  street;  thence  east  to  a point  sixty-six 
feet  east  of  the  east  line  of  Elizabeth  street  ; thence  north  to  the  center 
of  Pearl  street;  thence  west  to  Park  street;  thence  north  on  the 
<east  side  of  Park  street  to  the  south  line  of  Chestnut  street;  thence 
•east  on  Chestnut  street  to  the  west  line  of  Elizabeth  street;  thence 
north  on  Elizabeth  street  to  the  south  line  of  Green  street;  thence 
west  along  the  south  line  of  Green  street  to  a point  sixty-six  feet 
east  of  the  east  line  of  College  street;  thence  north  to  the  south  line 
of  South  street;  thence  east  to  the  west  line  of  Park  street;  thence 
north  to  the  north  side  of  South  street;  thence  east  to  the  center  of 
Stony  creek;  thence  up  the  center  of  Stony  creek  to  the  place  of 
beginning. 


' . . - ■ 

City  of  Danville.  237 


District  No.  5. 

Beginning  where  the  south  line  of  Main  street  crosses  the  center 
line  of  the  right  of  way  of  the  Wabash,  St.  Louis  & Pacific  railway ; 
thence  southwesterly  along  the  center  line  of  said  right  of  way  to 
the  center  of  South  street ; thence  south  to  a point  halfway  between 
the  south  side  of  South  street  and  the  north  side  of  Green  street; 
thence  east  to  the  east  side  of  lot  4 in  block  7 in  McRoberts  & 
Walker’s  addition  to  Danville;  thence  north  to  the  south  line  of 
South  street;  thence  east  to  the  east  line  of  lot  1 in  block  6 in 
McRoberts  & Walker’s  addition  to  Danville,  Illinois;  thence  south 
to  the  center  of  Green  street ; thence  east  to  the  west  line  of  Elizabeth 
street;  thence  south  to  the  south  line  of  Chestnut  street;  thence  west 
to  the  east  side  of  Park  street ; thence  south  to  the  center  of  Pearl 
street ; thence  east  along  the  center  of  Pearl  street  to  a point  four 
rods  east  of  the  east  line  of  Elizabeth  street ; thence  south  to  Wayne 
street;  thence  west  to  the  center  of  Elizabeth  street;  thence  south 
to  the  Vermilion  river;  thence  up  said  river  to  the  east  line  of 
Gilbert  street  extended  ; thence  north  along  the  east  line  of  Gilbert 
street  extended  to  the  south  line  of  Main  street;  thence  east  to  the 
place  of  beginning. 

District  No.  6. 

Beginning  where  the  east  line  of  Gilbert  street  extended  crosses 
the  Vermilion  river,  and  in  the  boundary  line  of  said  city  in  said 
river;  thence  north  along  the  east  line  of  Gilbert  street  to  a point 
one  hundred  aijd  sixtv-five  feet  south  of  the  south  line  of  North 
street ; thence  west  to  the  center  of  Mill  street ; thence  northwesterly 
along  the  center  of  Mill  street  to  a point  sixty-five  feet  south  of  the 
■south  line  of  Lafayette  street;  thence  west  to  the  city  limits  in  the 
North  Fork  of  the  Vermilion  river;  thence  down  said  North  Fork 
of  the  Vermilion  river,  along  the  line  of  the  6ity  limits,  to  the  Ver- 
milion river ; thence  down  the  Vermilion  river,  along  the  line  of  the 
city  limits,  to  the  place  of  beginning. 

District  No.  7. 

Beginning  where  the  east  line  of  Gilbert  street  extended  crosses 
the  south  line  of  Main  street ; thence  north  on  the  east  side  of  Gilbert 
street  to  the  center  of  Williams  street;  thence  east  to  the  center  of 
Franklin  street;  thence  south  to  the  south  line  of  Main  street; 
thence  west  to  the  place  of  beginning. 

District  No.  8. 

Beginning  at  a point  on  the  east  sfde  of  Gilbert  street  one  hun- 
dred and  sixty-five  feet  south  of  the  south  line  of  North  street ; 


238 


Ordinances  of  the 


thence  west  to  the  center  of  Mill  street ; thence  northwesterly  along 
the  center  of  Mill  street  to  a point  sixty-five  feet  south  of  the  south 
line  of  Lafayette  street ; thence  west  to  the  city  limits  in  the  North 
Fork  of  the  Vermilion  river;  thence  up  said  North  Fork  of  the 
Vermilion  river  along  the  line  of  the  city  limits  to  the  center  of  the 
right  of  way  of  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis 
railroad  ; thence  northeasterly  along  the  center  of  said  right  of  way 
to  the  center  of  Williams  street;  thence  east  along  the  center  of 
Williams  street  to  the  east  line  of  Gilbert  street ; thence  south  along 
the  said  east  line  of  Gilbert  street  to  the  place  of  beginning. 

District  No.  9. 

Beginning  at  a point  where  the  center  line  of  Robinson  street 
extended  crosses  the  centerline  of  English  street ; thence  south  along 
the  center  line  of  Robinson  street  to  the  center  of  Fairchild  street ; 
thence  east  along  the  center  of  Fairchild  street  to  the  east  side  of 
Gilbert  street ; thence  south  on  the  east  side  of  Gilbert  street  to  the 
center  of  the  right  of  way  of  the  Cleveland,  Cincinnati,  Chicago  &St. 
Louis  railroad  ; thence  westerly  along  the  center  of  said  right  of  way 
to  the  cit}r  limits  in  the  North  Fork  of  the  Vermilion  river;  thence 
up  said  North  Fork  of  the  Vermilion  river  along  the  line  of  the 
city  limits  to  the  center  of  Fairchild  street  extended;  thence  east  to 
the  center  of  Logan  avenue ; thence  north  to  the  center  of  English 
street  extended  ; thence  east  to  the  place  of  beginning. 

District  No.  10. 

Beginning  where  the  east  line  of  Gilbert  street  crosses  the  center 
line  of  Williams  street;  thence  east  to  the  east  side  of  Vermilion 
street ; thence  north  along  the  east  side  of  Vermilion  street  to  the 
center  of  English  street  ; thence  west  to  the  center  of  Robinson 
street ; thence  south  to  the  center  of  Fairchild  street;  thence  east  to 
the  east  line  of  Gilbert  street ; thence  south  to  the  place  of  beginning. 

District  No.  11. 

Beginning  where  the  north  city  limits  cross  the  center  line  of  Rob- 
inson street  extended  ; thence  south  on  Robinson  street  to  the  center 
of  English  street ; thence  east  on  the  center  of  English  street  to  the 
east  side  of  Vermilion  street ; thence  north  to  the  city  limits ; thence 
west  to  the  place  of  beginning. 

District  No.  12. 

Beginning  where  the  north  £ity  limits  cross  the  center  line  of  Rob- 
inson street  extended  ; thence  south  on  the  center  line  of  Robinson 
street  to  the  center  of  English  street  ; thence  west  on  the  center  of 


City  of  Danville. 


239 


English  street  extended  to  the  center  of  Logan  avenue ; thence  north 
to  the  city  limits  ; thence  east?  along  the  line  of  the  city  limits  to  the 
place  of  beginning. 

District  No.  13. 

Beginning  where  the  center  line  of  Williams  street  crosses  the 
center  line  of  Franklin  street;  thence  east  along  the  center  line  of 
Will  iams  street  to  the  east  side  of  Vermilion  street;  thence  south 
along  the  east  side  of  Vermilion  street  to  the  south  side  of  Main 
street ; thence  west  along  the  south  side  of  Main  street  to  the  center 
of  Franklin  street  extended;  thence  north  along  the  center  of 
Franklin  street  to  the  place  of  beginning. 

District  No.  14. 

Beginning  where  the  east  line  of  Vermilion  street  in  the  public 
square  crosses  the  south  line  of  Main  street  in  the  public  square  ; 
thence  east  along  the  south  line  of  Main  street  to  the  center  of  Hazel 
street ; thence  north  along  the  center  of  Hazel  street  to  the  center 
of  the  right  of  way  of  the  Cleveland,  Cincinnnati,  Chicago  & St. 
Louis  railroad ; thence  westerly  along  the  center  of  said  right  of 
way  to  the  east  side  of  Vermilion  street;  thence  south  along  the 
east  side  of  Vermilion  street  to  the  place  of  beginning. 

District  No.  15. 

Beginning  where  the  center  line  of  Hazel  street  crosses  the  south 
line  of  Main  street  ; thence  east  to  the  center  of  the  right  of  way  of 
the  Wabash,  St.  Louis  & Pacific  railway  ; thence  northeasterly  along 
the  center  of  said  right  of  way  to  the  center  of  Stony  creek  ; thence 
up  the  center  of  Stony  creek  to  the  center  of  Lahr  street;  thence 
west  along  the  center  of  Lahr  street  to  Jarred’s  branch;  thence  up 
said  Jarred’s  branch  to  the  center  line  of  Hazel  street;  thence  south  to 
the  place  qf  beginning. 

District  No.  16. 

Beginning  where  the  center  of  Jarred’s  branch  crosses  the  center 
of  Hazel  street ; thence  north  along  the  center  of  Plazel  street  to 
the  center  of  the  right  of  way  of  the  Cleveland,  Cincinnati,  Chicago 
& St.  Louis  railroad ; thence  east  along  the  center  of  said  right  of 
way  to  the  center  of  Stony  creek ; thence  down  the  center  of  said 
Stony  creek  to  the  center  of  Lahr  street ; thence  west  along  the 
center*  of  Lahr  street  to  the  center  of  Jarred’s  branch  ; thence  up  the 
center  of  said  Jarred’s  branch  to  the  place  of  beginning. 

District  No.  17. 

Beginning  where  the  east  line  of  Vermilion  street  crosses  the 
center  line  of  the  right  of  way  of  the  Cleveland,  Cincinnati,  Chi- 


240 


Ordinances  of  the 


cago  & St.  Louis  railroad ; thence  north  to  the  city  limits ; thence 
east  along  the  city  limits  to  the  east  boundary  line  of  section  five  (5), 
township  No.  nineteen  (19)  north,  range  No.  eleven  (11)  west  of 
2d  P.  M.,  in  Vermilion  county,  Illinois;  thence  south  along  the 
east  boundary  line  of  said  section  No.  five  (5)  to  the  center  of  Stony 
creek  ; thence  down  the  center  of  said  Stony  creek  to  the  center  of 
the  right  of  way  of  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis 
railroad ; thence  westerly  along  the  center  of  said  right  of  way  to 
the  place  of  beginning. 

District  No.  18. 

Beginning  where  the  center  of  Fairchild  street  crosses  the  center 
of  Stony  creek;  thence  east  along  the  center  of  Fairchild  street  to 
the  center  of  Bowman  avenue ; thence  south  along  the  center  of 
Bowman  avenue. to  the  center  of  Main  street;  thence  southwesterly 
along  the  center  of  Main  street  to  the  center  of  Stony  creek;  thence 
up  the  center  of  Stony  creek  to  the  place  of  beginning. 

Sewers  to  conform  to  Warring’s  specifications.  § 3.  All 
main  sewers,  over-flows  and  laterals,  catch  basins,  man-holes,  covers 
and  drapings  shall  be  constructed  in  comformity  to  the  plans  and 
specifications  and  map  of  the  sewerage  system  known  as  the  George 
E.  Warring,  Jr.,  system,  after  the  same  have  been  verified  by  the 
city  engineer,  except  where  changes  in  the  location  of  the  lines  of 
sewer  have  been  made  by  the  city  engineer  by  reason  of  paving 
certain  streets,  unless  otherwise  provided  for  by  the  city  council. 

Manner  of  constructing  sewers  with  reference  to  lat- 
erals. § 4.  If  any  sewer  hereafter  ordered  will  probably  require 
to  be  extended  or  be  connected  with  lateral  sewers  leading  there- 
into, it  shall  be  built  with  reference  to  such  extension  or  connection 
with  lateral  sewers  and  suitable  opening — “T”  or  UY” — shall  be 
left  in  the  sides  of  such  sewers  at  and  under  the  intersections  of 
streets  and  avenues,  crossing  the  same  to  admit  of  the  proper 
connections  with  such  lateral  sewers  as  may  thereafter  be  constructed 
in  such  cross  streets  or  avenues ; stich  openings  shall  be  securely 
closed  but  in  such  manner  as  to  be  capable  of  removal  without 
injury  to  the  sewer. 

Sewers  to  be  in  center  of  street  or  alleys.  § 5.  All 
sewers  that  may  hereafter  be  constructed  in  any  street  or  avenue  or 
alley  within  said  city  shall  be  laid  on  and  along  the  center  line 
thereof  unless  otherwise  ordered  by  the  city  council. 

Construction  of  house  connections  — penalty.  § 6.  The 
drainage  of  all  private  property  into  the  public  sewers  shall  be 


City  of-Danvillk 


211 


effected  by 'lateral  sewers  or  kouse  connections  made  of  the  lest 
quality  of  vitrified  earthenware  pipe,  true  in  form  and  strong  in 
material,  and  laid  strictly  in  accord  with  the  specifications  prepared 
by  George  E.  Warring.  Before  any  connection  shall  be  made  with 
any  such  public  sewer,  the  owner  of  the  property  to  be  drained  shall 
make  application  as  hereinafter  provided  to  the  city  engineer  of 
said  city  for  permission  to  tap  said  public  sewer,  and  all  such 
connections  shall  be  made  in  strict  accordance  with  the  terms  of 
the  permission  granted  by  said  city  engineer  for  such  purpose. 
Any  person  who  shall  construct  or  use  or  cause  to  be  constructed 
or  used,  any  drain,  sewer,  cess-pool  or  water  closet  pipe  in  a different 
manner  from  that  ordered  and  directed  by  said  city  engineer,  and 
in  violation  of  the  orders  of  said  city  engineer,  shall  be  subject  to  a 
fine  not  exceeding  fifty  dollars,  which  shall  be  recoverable  against 
the  person  or  persons  so  constructing  or  using  said  sewer,  drain  or 
pipe,  or  their  employers,  and  the  owner  of  the  premises  in  which 
said  work  is  constructed  or  used,  shall  be  deemed  and  considered  as 
authorizing  such  construction  or  use,  and  liable  to  such  penalty. 

Engineer  to  keep  plats  showing  location  of  sewers,  § 7. 
It  shall  be  the  duty  of  the  city  engineer  to  keep  in  his  office  a map 
or  maps  upon  which  shall  be  platted  and  shown  the  sewerage 
districts  of  the  city,  with  the  location  of  the  different  sewers  and 
over-flows  and  their  dimensions,  openings,  inlets,  catch  basins  and 
connections. 

Private  connections  to  be  made  by  licensed  plumber.  § 8. 
No  connection  of  a private  sewer  or  drain  shall  be  made  with  any 
sewer  built,  owned  or  controlled  by  the  city,  except  by  and  under 
the  supervision  of  a regularly  licensed  plumber  of  said  city,  and 
only  then  under  a written  permit  from  tbe  city  engineer  as  herein- 
after provided. 

Application  to  engineer  for  house  connection.  § 9.  Any 
person  desiring 'to  make  any  house  connections  with  any  such  sewer 
or  drain,  shall  first  make  a written  application  to  said  engineer  for 
permission  so  to  do,  in  which  application  such  person  shall  state 
where  such  connection  is  to  be  made,  the  purpose  for  which  the 
same  is  to  be  used,  and  shall  submit  with  said  application  a plan 
and  specification  and  description  of  the  work  to  be  done  together 
with  the  name  of  the  plumber  who  is  to  do  the  same.  And  all  such 
work  shall  be  done  subject  to  the  inspection  and  approval  of  said 
engineer,  and  no  alteration  shall  be  made  in  any  plan  or  in  the 
work  without  first  obtaining  a written  permit  from  said  engineer. 

16 


242 


Ordinances  of  the 


Engineer  to  grant  permits.  § 10.  It  shall  be  the  duty  of  the 
city  engineer  to'  grant  written  permits  to  persons,  who  may  desire 
to  so  connect  with  any  such  sewer  or  drains  when  such  persons  shall 
have  fully  complied  with  the  conditions  of  this  ordinance.  He  shall 
prescribe  the  mode  of  piercing  or  opening  the  sewers  or  drains,  and 
the  form,  size  and  material  of  the  connections  to  be  made  therewith. 

Private  sewers — bond — inspection.  § 11.  The  city  council 
may  grant  permission  to  persons,  to  construct  at  their  own  expense 
sewers  or  drains,  and  to  lay  pipes  to  connect  with  any  public  sewer 
or  drain  built  in  any  of  the  streets,  alleys  or  avenues  of  said  city; 
but  such  permission  shall  not  be  granted  except  such  persons  shall 
execute  a bond  to  the  city  in  such  sum  as  the  city  engineer  may 
designate,  with  sureties  to  be  approved  by  him,  conditioned  that 
said  work  shall  be  performed  by  some  person  or  persons  duly 
licensed  therefor;  that  they  will  comply  with  all  ordinances  in 
relation  to  the  excavation  of  streets  and  to  making  connections 
with  public  sewers  ; that  they  will  indemnify  and  protect  said  city 
from  and  for  all  damages  and  costs  to  which  it  may  be  put  by 
reason  of  injuries  or  damages  to  any  one  resulting  from  neglect, 
carelessness  or  other  cause  in  performing  the  work  so  permitted ; 
that  they  will  make  good  to  the  city  all  loss,  damage  or  expense 
incurred  by  it  in  replacing  or  repairing  any  pavement,  curbing  or 
sidewalk  in  such  street  or  alley  which  may  be  taken  up,  replaced, 
broken  or  damaged,  by  reason  of  constructing  such  sewer  or  drain, 
and  by  their  said  application  they  shall  agree  that  no  claim  will  be 
made  by  them  or  their  successors  in  interest  against  said  city,  if  the 
work,  so  permitted  to  be  done,  is  afterwards  taken  up  by  order  of  the 
city  council  or  for  exemption  from  an  assessment  or  special  tax 
lawfully  imposed  for  constructing  other  sewers  or  drains  in  said 
street,  or  in  the  vicinity  of  their  property,  for  or  from  which  they 
desire  to  construct  their  said  sewer,  and  they  shall  further  and 
expressly  agree  that  the  city  council  may  at  any  time  revoke  and 
annul  such  permission,  and  may  cause  such  sewers,  drains  or  pipes 
to  be  taken  up  or  removed,  and  all  work  done  under  any  such 
permit,  together  with  the  material  redeemed  therein,  shall  be  subject 
to  the  inspection  and  approval  of  said  city  engineer.  And  any 
sewer  so  made  shall,  after  its  completion,  together  with  the  usage 
thereof,  be  under  the  control  of  said  city,  and  be  subject  to  this  and 
all  other  ordinances  regulating  the  use  of  sewers. 

Manner  of  opening  trenches,  etc.— notice — inspection. 
§ 12.  In  opening  trenches  on  any  street  or  alley,  the  paving  and 
ballast,  if  any,  must  be  removed  with  care,  the  sides  of  the  trench 


City  of  Danville. 


243 


must  be  sheeted  or  braced  when  and  in  the  manner  directed  by  the 
city  engineer  ; the  earth  thrown  from  the  trench  must  be  placed  so 
as  not  to  obstruct  the  gutter,  and  so  as  to  cause  the  least  obstruction 
to  public  travel.  Gas  and  water  pipes  must  be  protected  from  injury, 
and  the  tretich  enclosed  and  barricaded  at  night,  in  the  manner 
prescribed  by  the  ordinances  of  the  city,  and  every  precaution  taken 
to  prevent  injury  to  persons  or  property  during  the  progress  of  the 
work.  Such  pavement,  sidewalk  or  curbing  shall  be  replaced  in  as 
good  condition  as  it  was  before  being  taken  up,  and  under  the 
directions  of  the  said  engineer,  and  any  settlement  over  any  such 
sewer,  drain  or  connection  so  laid  in  any  street  occurring  after  such 
replacement  shall  be  repaired  at  the  expense  of  the  owner  of  the 
property  from  which  such  drain  is  laid.  Notice  must  be  left  at  the 
office  of  the  city  engineer  twenty-four  hours  prior  to  the  beginning 
of  any  such  work  upon  a drain  or  connection,  and  no  material  used 
therein  shall  be  used,  or  work  covered  up,  until  inspected  and 
approved  by  the  city  engineer. 

Private  connections  made  under  engineer’s  directions. 
§ 13..  It  shall  be  the  duty  of  any  person  or  persons,  constructing  or 
using  any  private  drain,  seiver,  cess-pool,  water  closet  pipe  or  other 
'pipe  connecting  with  or  emptying  into  any  sewer  belonging  to  said 
city,  to  construct  and  use  the  same  in  strict  conformity  with  the 
orders  and  directions  of  the  city  engineer,  which  orders  and  directions 
shall  be  given  in  writing  for  such  purpose,  and  any  alterations  or 
extensions  of  any  such  drain,  sewer,  cess-pool,  water  closet  pipe,  or 
other  pipe  now  or  heretofore  constructed,  in  said  city,  and  which  the 
owners  thereof  shall  desire  to  have  connected  therewith,  or  empty 
into  any  sewer  or  drain  belonging  to  the  city,  shall  be  so  altered  or 
extended  in  strict  * conformity  with  written  orders  and  directions 
given  by  said  engineer.  And  any  person  who  shall  construct,  use, 
alter,  extend  or  connect  any  such  drain,  sewer,  cess-pool  or  water 
closet  pipe  in  a different  manner,  or  of  different  material  from  that 
odered  or  directed  by  said  engineer,  or  in  violation  of  his  orders, 
shall  be  subject  to  a fine  not  exceeding  one  hundred  dollars,  which 
shall  be  recovered  from  such  person  or  persons  so  constructing  or 
using  such  sewer,  drain  or  pipe,  or  their  employees  and  the  owner 
of  the  premises  on  which  said  use  is  had  or  said  work  is  done,  or  for 
whom  the  same  is  performed,  shall  be  deemed  or  considered  as 
authorizing  such  work  to  be  so  done  and  such  use  so  to  be  made,  and 
shall  be  subject  to  the  same  penalty  for  each  day  said  drain,  sewer 
pipe,  or  connection  is  so  maintained  after  being  so  notified  by  the 
city  engineer  to  remove,  alter,  change  or  to  cease  using  the  same. 


244 


Ordinances  of  the 


Uncovering  sewer  or  tampering  with  flush  tanks,  etc. — 
penalty.  § 14.  No  person  shall  uncover  for  any  purpose  any 
public  sewer,  or  uncover  the  public  inspection  or  connecting  branches 
thereof ; or  open  any  man-hole  or  flush  tank,  unless  and  except 
under  the  supervision  and  direction  of  the  city  engineer,  nor  shall 
any  person  do  or  cause  'to  be  done,  any  injury  of  any  kind,  or  in 
any  manner  to  interfere  Or  tamper  with  any  man-hole,  flush  tank, 
outlet  pipe,  or  any  other  appliance  or  part  of  said  sewers.  Any 
person  violating  this  section  or  any  part  thereof,  shall  be  subject  to 
a fine  of  not  less  than  one  dollar,  nor  more  than  one  hundred 
dollars  for  each  offense. 

No  opening  for  storm  water,  garbage,  etc.,  allowed.  § 15. 
No  connection  with  nor  opening  into  any  such  sewer  or  drain,  either 
directly  or  indirectly,  shall  be  used  for  the  conveyance  or  drainage 
of  surface  or  storm  water  from  any  building,  street  or  alley,  or  from 
any  lot  or  other  place  ; nor  shalHhe  same  be  used  for  the  conveyance 
or  discharge  into  said  sewer  or  drain,  of  steam  from  any  steam  boiler 
or  engine,  nor  shall  any  butchers’  offal  or  garbage,  dead  animals  or 
obstructions  of  any  kind  whatsoever,  be  placed,  thrown  or  deposited 
therein,  said  sewers  being  intended  solely  for  the  receiving  and 
conveyance  of  the  ordinary  discharge  from  water  closets  and  liquid 
house  slops.  Any  person  violating  this  section,  or  any  part  thereof, 
shall  be  subject  to  a penalty  of  not  less  than  one  nor  more  than  two 
hundred  dollars. 

Not  to  excavate  around  sewers  without  permit.  § 16. 
No  person  shall  uncover  or  excavate  under  or  around  any  sewer  or 
drain  of  the  city  without  the  written  consent  of  the  city  engineer ; 
any  person  so  doing  shall  be  subject  to  a fine  of  not  less  than  three 
dollars,  and  not  exceeding  fifty  dollars.  The  person  or  persons  by 
whom  such  work  is  done  and  their  employees  shall  be  deemed  guilty 
of  a violation  of  this  section. 

License  from  engineer  required.  § IT.  Any  person  who 
shall  lay,  alter  or  disturb  any  part  of  a house  drain,  catch  basin  or 
strainer  of  such  drain  or  drains,  cess-pool,  or  water  closet  connected 
with  any  sewer  belonging  to  said  city,  without  being  duly  licensed  to 
perform  the  same  by  the  city  engineer,  shall  be  subject  to  a fine  of 
not  less  than  one  dollar  nor  more  than  one  hundred  dollars. 

* 

Engineer,  etc.,  to  have  access  to  private  house  for 
inspection.  § 18.  That  the  public  sewers  of  the  city  may  be  fully 
protected  against  improper  use  and  injury,  the  city  engineer  and  his 


245 


City  of  Danville. 


authorized  agents,  shall  have  free  and  unobstructed  access  to  any  of 
the  premises  where  house  drains,  cess-pools  or  water  closets  connected 
with  or  draining  into  said  sewers  are  laid,  for  the  purpose  of 
examining  the  construction,  condition  and  usage  of  the  same,  at  any 
time  of  the  day  between  the  hours  of  seven  o’clock,  a.  m.,  and  six 
o’clock  p.  m.;  and  any  owner,  occupant  or  other  person,  on  refusing 
to  allow  said  engineer  or  any  officer  or  agent  designated  by  him, 
access  to  the  premises  for  such  purpose,  shall  be  subject  to  a fine  of 
not  less  than  three  dollars,  nor  more  than  fifty  dollars. 

Connections  must  have  fixtures  for  water  supply.  § 19 
All  connections  with  sewers  or  drains  shall  have  fixtures  for  a 
sufficiency  of  water  to  be  applied  so  as  to  properly  carry  off  the  refuse 
from  water  closets,  kitchen  sinks  or  otherwise.  Any  person  using 
such  connection  without  such  sufficient  fixtures,  shall  be  subject  to  a 
penalty  of  three  dollars  for  each  day  the  same  are  so  used,  after 
being  notified  by  the  city  engineer  or  his  agents  to  so  remedy  such 
defects. 

When  no  engineer  appointed,  acting  engineer  to  act. 
§ 20.  In  case  there  shall  be  no  regularly  appointed  and  qualified 
citv  engineer,  then  the  powers  and  duties  herein  given  and  prescribed 
shall  devolve  upon  any  person  employed  by  the  city,  and  who  is 
acting  as  such  city  engineer. 

Penalty.  § 21.  Any  person  violating  any  part  of  this  ordinance, 
or  causing  the  same  to  be  done,  where  no  other  penalty  is  prescribed, 
shall,  for  every  such  violation,  be  subject  to  a penalty  of  not  less  than 
one  dollar,  nor  more  than  one  hundred  dollars. 

Engineer  to  prepare  blanks,  etc.  § 22.  It  shall  be  the  duty 
of  the  city  engineer  to  prepare  all  necessary  blanks  for  applications 
and  permits,  as  required  by  this  ordinance.  And  he  shall  also  pre- 
pare all  necessary  rules,  regulations  and  specifications  to  govern,  as 
to  the  manner  and  materials  for  making  connections  with  such 
sewers;  which  rules  and  regulations  and  specifications  shall  be  writ- 
ten or  printed,  or  both,  upon  all  permits  granted  by  him  for  the 
purposes  aforesaid. 

Heavy  weights  over  sewers  profiibited.  § 23.  No  quantity 
of  marble  or  other  stone,  iron,  lead,  timber  or  other  substance 
exceeding  one  ton  in  weight  shall  be  placed  or  deposited  upon  or 
over  any  sewer  or  drain,  where  the  same  shall  be  within  three  feet 
of  the  surface  of  the  street,  under  a penalty  of  twenty  dollars  for 
each  offense,  to  be  recovered  of  the  person  or  person  causing  or  per- 
mitting the  same. 


246 


Ordinances  of  the 


Flushing  sewers — obstructions.  § 24.  It  shall  be  the  duty 
of  every  person  having  charge  of  the  flushing  of  sewers  to  see  that 
no  substance  or  obstruction  be  carried  into  any  of  said  sewers,  and 
that  all  obstructions  which  may  be  found  therein  shall  be  at  once 
removed. 


CHAPTER  XXXVIII. 


Section. 

1. 

2. 

. 4- 

5- 

• 6. 

7- 

8. 


1 1. 
12. 

13. 

14. 
15- 
16. 
17- 
18. 
19- 

20. 

21. 

22. 
23- 

24. 

25. 

26. 

27. 

28. 


SIDEWALKS. 


Width  of  sidewalks. 

Grades  for  sidewalks. 

Laying  walks  contrary  to  grade. 

Pavements  to  be  uniform  in  width  and  in  line. 
Pavements  out  of  line- 

Sidewalks  out  of  line  or  grade  — a nuisance. 
Old  and  unsafe  sidewalks — a nuisance. 
Pavements  to  be  of  brick  or  stone. 

Private  drains  across  sidewalks. 

Cellarways,  etc.,  in  sidewalks  forbidden. 
Cellars  or  areas  under  sidewalks. 

Using  sidewalks  for  area  without  permit. 
Entrance  to  areaways,  openings,  etc. 

Coal  holes. 

H itching-posts— rings. 

Awning. 

Merchandise  signs  on  sidewalks. 

Signs  to  be  securely  supported. 

Creaking  signs — a nuisance. 

Goods  on  sidewalks. 

Driving  animals,  etc.,  on  sidewalks. 

Water  running  over  sidewalks. 

Hitching  teams  so  as  to  obstruct. 

Gates  opening  over  street  or  sidewalk. 

Other  obstructions. 

Crowds  obstructing  sidewalks. 

Removal  of  obstructions. 

Riding  bicycles,  etc.,  on  sidewalks. 


Width  of  sidewalks.  § 1 . The  width  of  sidewalks  in  the  said 
city  of  Danville  shall  be  as  follows — that  is  to  sav  : Sidewalks  which 
are  or  may  be  parts  of  streets  five  rods  wide,  shall  be  fourteen  feet 
in  width  ; sidewalks  which  are  or  may  be  parts  of  streets  four  rods 
wide,  shall  be  twelve  feet  in  width  ; and  sidewalks  which  are  or  may 
be  parts  of  streets  three  rods  wide,  shall  be  nine  and  three-fourths, 
feet  in  width  ; in  streets  less  than  three  rods  wide,  the  sidewalk  shall 


City  of  Danville. 


247 


be  six  feet  wide.  This  section  shall  be  construed  to  apply  to  the 
sidewalk  extending  from  the  line  of  the  curb  to  the  line  of  the  abut- 
ting property,  and  not  to  the  pavement  on  the  sidewalk  proper. 

Grades  for  sidewalks.  § 2.  All  sidewalks  or  pavements  shall 
be  laid  or  constructed  to  the  grade  established  for  the  city  therefor. 
Where  no  grade  has  been  established,  the  sidewalk  or  pavement 
shall  be  laid  or  constructed  to  such  grade  as  may  be  fixed  by  the 
city  engineer.  All  persons  desiring  to  build  a sidewalk  or  lay  a 
pavement  in  front  of  their  premises  shall  first  apply  to  the  city 
engineer  for  the  grade  for  the  same;  and  it  is  hereby  made  the  duty 
of  such  city  engineer  to  designate,  by  proper  lines  and  stakes,  for 
all  persons  desiring  to  build  sidewalks  or  lay  pavements,  the  grade 
established  for  such  street  or  sidewalk,  and  if  there  be  no  such  grade 
established  by  the  city  council,  then  he  shall  designate  and  affix  a 
temporary  grade  for  the  purpose  aforesaid. 

Laying  walks  contrary  to  grade.  § 3.  If  any  person  shall 
build  or  assist  in  building  any  pavement  or  sidewalk  where  no  grade 
has  been  established,  without  first  obtaining  a grade  therefor  from 
the  city  engineer,  or  contrary  to  any  grade  which  may  be  fixed  by 
said  engineer,  or  shall  build  or  assist  in  building  any  pavement  or 
sidewalk  contrary  to  any  grade  which  may  have  been  or  may  be 
established  by  the  city  councilor  contrary  to  any  of  the  provisions 
of  this  chapter,  or  contrary  to  any  ordinance  hereafter  passed,  pro- 
viding for  any  pavement  or  walk,  he  shall,  in  either  case,  be  subject 
to  a penalty  of  five  dollars  for  each  offense,  and  to  a penalty  of  one 
dollar  for  each  day  he  shall  fail  to  remove  or  reconstruct  the  same, 
after  notice  from  the  city  engineer  or  other  officer  of  the  city  to 
move  or  reconstruct  the  same. 

Pavements  to  be  uniform  in  width  and  in  line.  § 4.  All 
pavements  or  sidewalks  hereafter  laid  or  constructed  in  this  city  upon 
any  one  side  of  any  street  shall  be  laid  and  constructed  of  uniform 
width,  and  in  a uniform  line,  the  whole  length  of  such  side  of  the 
street.  Any  person  desiring  to  build  a sidewalk  or  pavement  in 
front  of  his  premises,  where  there  is  no  ordinance  locating  and  fixing 
the  line  of  the  same,  shall  apply  to  the  city  engineer  for  the  proper 
location  and  line  of  such  sidewalk  or  pavement  ; and  it  shall  be  the 
duty  of  such  engineer,  upon  such  application,  to  locate  for  such 
person  such  proposed  pavement  or  sidewalk. 

Pavements  out  of  line.  § 5.  If  any  person  shall  build  or 
assist  in  building  any  pavement  or  sidewalk,  and  shall  build  or  locate 
the  same  over  or  out  of  line,  or  beyond  the  width,  as  fixed  by  any 


248 


Ordinances  of  the 


ordinance  heretofore  or  hereafter  passed,  providing  for  such  walk  or 
pavement,  or  as  hxed  by  the  city  engineer,  he  shall,  in  either  case, 
be  subject  to  a penalty  of  five  dollars,  and  to  a penalty  of  one  dollar 
for  every  day  he  shall  fail  to  remove  or  relay  the  same,  after  notice 
so  to  do,  given  him  by  the  city  engineer  or  other  officer  of  the  city. 

Sidewalks  out  of  line  or  grade — a nuisance.  § 6.  Any 
sidewalk  or  pavement  that  may  be  hereafter  laid  or  constructed, 
which  shall  be  constructed  contrary  to  any  grade  established  by  the 
city  council,  or  contrary  to  any  grade  fixed  by  the  city  engineer,  or 
which  shall  be  constructed  or  located  contrary  to  the  lines  or  width 
prescribed  therefor  by  any  ordinance  of  the  city,  or  contrary  to  the 
line  or  width  prescribed  therefor  by  the  city  engineer,  are  hereby 
declared  to  be  a nuisance,  and  the  said  city  engineer  is  hereby  author- 
ized to  remove  or  take  up  the  same. 

Old  and  unsafe  sidewalks — a nuisance.  § 7.  Whenever 
any  sidewalk  shall  become  dilapidated,  and  out  of  repair  to  such  an 
extent  as  to  be  dangerous  or  unsafe  for  the  passage  of  persons  walk- 
ing over  the  same,  and  to  such  an  extent  that  the  same  cannot  be 
economically  repaired,  then  such  sidewalk  shall  be  considered  a 
nuisance,  and  it  shall  be  the  duty  of  the  city  engineer  to  take  up  or 
remove  the  same. 

Pavements  to  be  of  brick  or  stone.  § 8.  All  sidewalks  or 
pavements  hereafter  laid  or  constructed  in  said  city  shall  be  made  of 
good,  sound  stone,  brick,  or  such  other  material  as  may  be  prescribed 
by  ordinance  or  approved  by  the  city  council.  Where  any  private 
driveways  shall  be  constructed  over  any  such  sidewalks  or  pave- 
ment, the  material  of  the  sidewalks  or  pavement  over  which  such 
driveway  shall  extend  shall  be  of  brick,  laid  edgewise  upon  a solid 
foundation  of  gravel  and  sand  of  not  less  than  six  inches  in  depth. 
Any  person. who  shall  lay,  relay  or  construct  any  sidewalk  of  any 
material  other  than  brick  or  stone,  or  such  other  material  as  may  be 
prescribed  by  ordinance,  without  the  consent  of  the  city  council  first 
had  and  obtained,  or  shall  lay  or  construct  such  work  or  pavement 
with  an  inferior  or  unsuitable  quality  of  brick  or  stone,  shall  be  fined 
not  less  than  five  dollars,  nor  more  than  one  hundred  dollars,  and 
such  sidewalk  or  pavement,  so  constructed  as  aforesaid,  shall  be 
deemed  a nuisance,  and  may  be  taken  up  or  removed  by  the  city 
engineer.  ^ 

Private  drains  across  sidewalks.  § 9.  Whenever  any  owner 
or  occupant  of  any  premises  shall  construct  or  maintain  any  private 
drain  across  any  sidewalk,  such  owner  or  occupant  shall  properly 


City  of  Danville. 


249 


. 


and  substantially  box  such  private  drain  where  it  crosses  such 
sidewalk,  and  keep  in  repair  the  grade  of  such  sidewalk  where  the 
same  lies  contiguous  to  such  drain  so  boxed  as  aforesaid.  Any 
person  violating  this  section  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars  for  each  offense,  and  shall  also  be  subject  to  a 
penalty  of  one  dollar  for  each  day  he  shall  neglect  or  refuse  to 
construct  such  drain,  or  repair  such  grade,  as  required  by  this 
section,  after  being  notified  so  to  do,  by  the  mayor,  city  marshal, 
city  engineer  or  any  police  officer. 

Cellar-ways,  etc.,  in  sidewalks  forbidden.  § 10.  No  cellar- 
ways,  window  openings  or  the  approaches  thereto,  shall  be  whole  or 
in  part  be  built,  erected  or  maintained  in  or  upon  any  sidewalk, 
street  or  alley  of  said  city,  or  on  any  part  thereof ; and  any  person 
or  persons  who  shall  violate  this  section  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars,  and  not  exceeding  two  hundred 
dollars,  and  to  a like  penalty  for  each  day  he  may  suffer  or  permit 
such  obstructions  or  encroachments  in  or  upon  the  sidewalks,  streets 
or  alleys  fronting  or  adjoining  his  premises. 

Cellars  and  areas  under  sidewalks.  § 11.  No  person  shall 
occupy  or  use  for  vaults,  areas,  or  other  purposes,  the  space  beneath 
the  sidewalks,  included  within  the  sidewalk  lines  of  any  street,  unless 
a permit  therefor  shall  have  been  obtained  from  the  city  council ; 
such  permits  to  continue  and  to  be  issued  only  upon  the  condition 
that  the  party  receiving  the  same,  his  heirs  and  assigns  shall,  as  a 
consideration  for  such  privilege,  always  maintain  and  keep  in  repair 
a good  stone  sidewalk  over  such  space,  and  shall  keep  and  maintain 
such  vault  or  area,  and  the  area  ways  leading  thereto  clean  and  in 
good  condition.  Any  neglect,  failure  or  refusal  on  the  part  of  said 
party  receiving  such  permit,  or  his  heirs,  assigns,  or  the  occupant  of 
any  such  premises  shall  cause  a forfeiture  of  such  permit,  and  the 
rights  and  privileges  granted  by  such  permit  shall,  upon  the  order 
of  the  city  council,  be  determined  and  annulled. 

Using  sidewalk  for  areas  without  permit.  § 12.  Any 
owner,  builder,  or  other  person  who  shall  construct  any  such  vault, 
or  area  beneath  any  sidewalk  as  aforesaid,  or  any  part  thereof,  or 
shall  use  or  occupy  the  same  when  constructed,  without  a permit  first 
had  and  obtained  as  provided  in  section  eleven  of  this  chapter,  or 
where  a permit  lias  been  granted  as  aforesaid,  shall  use  or  occupy 
the  same  after  such  permit  shall  have  been  declared  forfeited  and 
annulled  by  the  city  council  as  aforesaid,  shall,  in  either  case,  be 


250 


Ordinances  of  the 


fined  not  less  than  three  dollars,  and  a like  sum  for  every  twenty- 
four  hours  such  occupation  or  use  shall  continue,  without  a further 
permit  from  the  city  council. 

Entrance  to  area-ways,  openings,  etc.  § 13.  Where  entrances 
to  areas  and  basements  are  constructed  outside  the  inner  line  of  a 
sidewalk  and  on  the  premises  abutting  thereto,  such  entrances,  stairs 
or  steps  shall  be  securely  protected  by  sufficient  iron  railings,  and  no 
open  space  next  to  any  building,  other  than  entrance  ways  to  areas 
and  basements  shall  be  allowed  except  the  same  is  securely  protected 
by  an  iron  railing,  or  covered  with  suitable  iron  grating.  Any  person 
constructing  or  maintaining  any  such  area  way,  opening  or  entrance, 
contrary  to  the  provisions  of  this  section,  either  as  owner  or  occupant 
of  said  premises,  shall  be  subject  to  a fine  of  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense,  and 
shall  be  further  subject  to  a like  penalty  for  each  twenty-four  hours 
the  same  is  allowed  to  so  remain  after  being  convicted  of  a violation 
hereof. 

Coal  holes.  § 14.  Every  opening  in  any  vault  or  coal  hole  or 
aperture  in  the  sidewalk  over  any  such  coal  hole  or  aperture,  shall 
be  covered  with  a suitable  iron  plate  with  a rough  surface. 
Whenever  any  such  coal  hole  or  aperture  is  not  covered  as  herein 
provided,  or  from  any  cause  becomes  unsafe  or  inconvenient  for 
public  travel,  and  the  owner  or  occupant  of  the  adjoining  or 
abutting  premises,  owning  or  controlling  such  coal  hole  or  vault, 
shall  neglect  or  refuse  to  remove  such  covering  and  replace  the  same 
with  a suitable  one,  for  the  period  of  five  days,  after  being  notified 
by  the  city  engineer  or  any  other  officer  of  said  city  so  to  do,  then 
such  owner  or  occupant  of  said  abutting  premises  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense,  and  shall  be  subject  to  a like  penalty  for  each  day  he  shall 
allow  such  coal  hole  or  aperture  to  remain  in  such  unsafe  or 
inconvenient  condition  after  the  expiration  of  such  five  days’  notice. 

Hitching  posts — bangs.  § 15.  Any  owner  or  occupant  of 
premises  adjoining  or  abutting  upon  any  sidewalk  upon  Main  street, 
between  the  track  of  the  Wabash  railroad  and  Franklin  street,  or 
upon  Vermilion  street,  who  shall  construct,  keep  or  maintain  any 
hitching  post  or  rack  upon  the  street  or  said  walk  within  the  afore- 
said limits,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars, 
and  to  a like  penalty  for  each  day  such  hitching  posts  or  racks  are 
allowed  to  remain  within  the  aforesaid  limits  after  a notice  to  remove 


City  of  Danville. 


251 


the  same  is  given  said  owner  or  occupant,  by  the  city  engineer  or 
any  police  officer  of  said  city.  Nothing  in  this  section  shall  be 
construed  so  as  to  prevent  any  person  fastening,  securely  in  such 
sidewalk,  suitable  iron  rings,  sufficient  for  temporary  hitching 
purposes. 

Awnings.  § 16.  All  awnings  in  said  city  of  Danville  which  shall 
be  covered  with  cloth,  leather  or  other  light  and  pliable  substance,  shall 
be  securely  attached  to  the  building  * or  buildings  and  properly 
supported  without  posts,  by  iron  or  other  metallic  fastenings  or 
supports,  and  shall  be  elevated  at  least  eight  feet  at  the  lowest  point 
thereof  above  the  sidewalk,  and  shall  not  project  over  the  sidewalk 
to  exceed  three-fourths  of  the  width  thereof;  and  no  such  awning 
shall  be  constructed  or  repaired,  either  wholly  or  in  ] art  of  wood  ; 
and  any  person  who  shall  erect  any  awning  contrary  to  the  provisions 
hereof,  or  refuse  or  neglect  forthwith  to  remove  any  awning  or  awning 
posts  heretofore  or  hereafter  erected  contrary  to  the  provisions 
hereof,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and 
not  exceeding  one  hundred  dollars  for  such  offense,  and  to  the 
further  penalty  of  five  dollars  for  every  day  he  shall  fail  to  comply 
with  the  notice  to  remove  the  same  after  the  lapse  of  three  days 
from  the  service  thereof  from  either  the  city  engineer  or  any  officer 
of  said  city. 

Merchandise  — signs  on  sidewalks.  § 17.  No  clothing, 
goods,  wares,  merchandise,  signs,  boxes,  or  other  article  or  thing 
whatever,  shall  be  placed  in  front  of  any  store,  shop,  office,  or  other 
place  in  said  city,  on  or  above  the  sidewalk,  or  in  or  upon  any  alley, 
so  as  to  occupy  more  than  three  feet  next  to  the  buildings  or  premises 
on  such  sidewalk  or  alley,  or  of  the  space  above  the  sidewalk  or 
alley ; and  such  articles  or  things  as  may  be  placed  on  th'e  sidewalk 
shall  not  be  more  than  three  feet  high  above  the  top  of  the  sidewalk. 
And  all  signs,  articles  or  other  things,  that  may  be  hung  out  or 
placed  above  the  sidewalk,  shall  be  so  placed  or  hung  that  the  lowest 
part  of  such  articles  or  things  shall  be  at  least  seven  feet  and  six 
inches  above  the  top  of  the  sidewalk,  and  shall  not  swing  more  than 
three  feet  from  the  building ; nor  shall  any  owner  or  occupant  of 
any  lot  or  premises  lease  the  space  aforesaid,  or  permit  or  allow  the 
same  to  be  used  or  occupied  except  for  his  or  their  own  business ; 
nor  shall  said  space  be  used  for  selling  any  article  or  thing  whatever. 
Any  person  or  persons  who  shall  violate  the  provisions  of  this 
section  shall  be  liable  to  a penalty  of  five  dollars  for  every  forty-eight 


252 


Ordinances  of  the 


hours  the  same  shall  remain  after  being  requested  to  remove  the  same 
by  the  city  engineer,  or  other  officer  of  said  city. 

Signs  to  be  securely  supported.  § 18.  All  signs  extending 
over  or  fronting  upon  any  street,  alley  or  sidewalk  in  said  city  of 
Danville  shall  be  securely  fastened  to  their  supports ; and  any  person 
or  persons  owning  or  having  the  control  of  any  such  sign,  who  shall 
permit  or  suffer  the  same  to  remain  insecurely  fastened,  after  notice 
of  the  fact  by  the  city  marshal  or  any  officer  of  said  city,  shall  pay 
a fine  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars  for  each  day  he  shall  permit  or  suffer  the  same  so  to  remain. 

Creaking  signs — a nuisance.  § 19.  Whoever  shall  erect  or 
maintain  a sign  of  any  character,  whether  attached  to  a building,  a 
post,  or  other  support,  and  which  sign  creaks,  or  makes  an  unpleasant 
or  disagreeable  noise  when  moving  or  swinging  in  the  air,  shall  be 
deemed  guilty  of  a nuisance;  and  upon  his  failure  to  remedy  or 
remove  such  sign  within  five  days  after  being  notified  so  to  do  by 
any  police  officer  of  the  city,  he  shall  be  fined  not  less  than  one  dollar, 
nor  more  than  ten  dollars,  and  shall  be  subject  to  a like  penalty  for 
each  day  he  permits  such  sign  so  to  remain  after  the  expiration  of 
said  five  days. 

Delivering  or  receiving  goods  on  sidewalks.  § 20.  No 
person  or  persons  receiving  or  delivering  goods,  wares  or  merchandise 
in  said  city  shall  place  or  keep  upon,  or  suffer  to  be  placed  or  kept 
upon,  any  sidewalk  in  said  city  any  goods,  wares  or  merchandise 
which  he  or  they  may  be  receiving  or  delivering,  without  leaving  a 
passageway  clear  upon  each ‘sidewalk  where  such  goods  may  be,  of 
four  feet  wide,  for  the  use  of  foot  passengers;  and  no  person  or 
persons  receiving  or  delivering  such  goods  shall  suffer  the  same  to 
be  or  remain  on  such  sidewalk  (subject,  nevertheless,  to  the  foregoing 
restrictions)  for  a longer  period  than  twelve  hours  ; and  any  person 
or  persons  violating  any  of  the  provisions  of  this  section  shall  forfeit 
and  pay  to  said  city  a sum  not  less  than  three  dollars,  nor  more  than 
ten  dollars,  and  shall  be  subject  to  a like  penally  for  each  hour  the  said 
goods,  or  any  part  thereof,  shall  remain  as  aforesaid,  after  notice 
from  the  city  engineer,  city  marshal,  or  a policeman  to  remove  the 
same. 

Driving  animals,  wagons,  etc.,  on  sidewalk.  § 21.  Who- 
ever shall  drive,  lead,  ride,  push  or  draw  back  any  horse,  cowT  or 
cattle  of  any  kind,  or  any  wagon  or  other  vehicle,  over  or  upon  any 
sidewalk,  or  shall  willfully  or  negligently  permit  any  horse  or  cow 
to  walk  on  such  sidewalk,  except  it  be  in  crossing  the  same  to  go 


into  a yard  or  lot  where  no  other  suitable  crossing  or  means  of 
access  is  provided,  shall  be  fined  not  less  than  one  dollar,  nor  more 
than  ten  dollars  for  each  offense. 

Water  permitted  to  run  over  sidewalks.  § 22.  Who- 
ever shall  suffer  or  permit  the  water  falling  or  draining  from  any 
building  owned  by  him  or  under  his  control  to  spread  over  the 
sidewalk  in  front  thereof,  shall  be  subject  to  a penalty  of  one  dollar, 
and  to  a like  penalty  for  each  day  he  shall  not  remedy  the  same, 
after  notice  to  do  the  same  by  any  officer  of  the  city. 

Hitching  teams  so  as  to  obstruct  sidewalks.  § 23.  Who- 
ever shall  fasten  or  leave  any  team  or  beast  of  burden  in  such  a 
manner  as  that  the  team,  the  vehicle,  the  animal,  the  harness,  the 
lines,  or  anything*  belonging  thereto,  shall  be  an  obstruction  to  the 
sidewalk,  shall  be  subject  to  a penalty  of  not  less  than  one  dollar, 
and  not  exceeding  ten  dollars  in  each  case. 

Gates  opening  over  street  or  sidewalk.  § 24.  All  gates 
opening  upon  any  public  street  shall  be  so  constructed  as  that  no  part 
of  such  gate  shall  swing  over  or  above  the  street  or  sidewalk  upon 
which  it  opens,  unless  such  gate  be -so  constructed  or  hung  as  to  be 
self-shutting ; and  whoever  shall  erect,  keep  or  maintain  any  gate  in 
violation  of  this  section  shall  be  deemed  guilty  of  a nuisance,  and  be 
fined  not  exceeding  ten  dollars. 

Obstructions  to  sidewalks.  § 25.  The  owner  or  occupant  of 
any  premises  within  said  city  shall,  at  all  times,  keep  the  sidewalk 
along  such  premises  open,  safe  and  passable  for  foot  passengers 
passing  over  the  same.  For  each  failure  so  to  do,  or  for  any  obstruc- 
tion or  injury  to  such  sidewalk  not  specially  designated  and  otherwise 
provided  for  in  this  chapter,  such  owner  or  occupant  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars,  and  not  more  than  one 
hundred  dollars  for  each  offense,  and  to  a like  penalty  for  each  day 
such  violation  shall  continue,  after  being  notified  bv  the  city  engineer 
or  any  police  officer  to  remove  such  obstructions  or  repair  such  injury. 

Crowds  obstructing  sidewalks.  § 26.  When  two  or  more 
persons  shall  stand  or  crowd  together,  so  as  to  obstruct  any  sidewalk, 
or  thereby  prevent  the  free  and  unobstructed  passage  of  other  persons 
over  such  sidewalk,  such  persons  so  obstructing  such  walk  shall 
be  deemed  guilty  of  a nuisance,  and  shall  be  fined  not  less  than  one 
dollar,  nor  more  than  ten  dollars. 

Removal  of  obstructions.  § 27.  The  mayor,  aldermen,  or 
any  police  officer  are  authorized  to  cause  any  obstruction,  encroach- 


254 


Ordinances  of  the 


ment,  article  or  thing  which  may  be  in  violation  of  the  provisions 
of  this  chapter,  to  be  removed  within  a reasonable  time  after  notice 
to  remove  the  same  is  served  upon  the  owner,  agent  or  person  in 
possession  of  the  premises  adjoining  such  walk  where  such  violation 
occurs,  or,  in  case  the  owner,  agent  or  person  in  possession  cannot 
be  found,  then  bv  posting  such  notice  upon  the  premises  or  sidewalk 
in  front  thereof,  and  the  owner,  agent  or  party  causing  or  permit- 
ting such  violation  shall  pay  all  expenses  and  costs  of  such  removal, 
in  addition  to  the  penalties  aforesaid.  And  any  person  who  shall 
wrongfully  interfere  in  any  manner  with  such  removal  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  two  hundred  dollars. 

Riding  bicycles,  etc.,  on  sidewalks.  § 28.  Riders  of  bicycles 
and  tricycles  are  hereby  prohibited  from  riding  upon  the  sidewalks 
on  Main  and  North  streets  from  the  Wabash  railroad  to  Franklin 
street,  and  on  Vermilion  street  from  the  public  square  to  Madison 
street,  and  upon  the  sidewalks  along  all  paved  streets  throughout 
the  city.  Any  person  who  shall  ride  upon  a bicycle  or  a tricycle 
on  the  sidewalks  along  that  part’ of  the  streets  above  named  shall  be 
fined  Tiot  less  than  one  dollar,  nor  more  than  fifty  dollars  for  each 
offense.  Other  sidewalks  of  the  city  may  be  used  by  bicycle  or 
tricycle  riders  under  such  regulations  as  the  city  council  may  pre- 
scribe. 


City  of  Danville. 


255 


CHAPTER  XXXIX. 

STREETS  AND  ALLEYS. 

Section. 

1.  Obstruction  to  streets  forbidden. 

2.  Owner  to  remove  obstructions  upon  notice. 

3.  Engineer  to  remove,  when,  etc. — cost,  etc. 

4.  Building  material  in  street. 

5.  Red  lights  at  piles  of  building  materials. 

6.  Railings  and  lights  at  excavations. 

7.  Cellar  doors  open. 

8.  Merchandise  or  fuel  on  streets. 

9.  Obstructing  streets  by  teams. 

10.  Persons  placing  obstructions  liable  for  damages. 

11.  Buildings,  etc.,  in  street  not  to  be  repaired. 

12.  Removal  of  buildings  through  streets. 

13.  Digging  in  street. 

14.  Excavations  adjoining  street  to  be  guarded. 

15.  Excavations  in  streets— tearing  up  sidewalks. 

16.  Removing  grade  or  corner  stakes. 

17.  Removing  or  selling  earth  from  streets. 

18.  Ashes,  rubbish,  etc.,  in  streets. 

19.  Fire  upon  street  crossings. 

20.  Paper,  rubbish  from  carts,  etc." 

21.  Stopping  teams  upon  crossings. 

22.  Feeding  or  huckstering  on  public  square. 

23.  Numbers  on  buildings. 

24.  Decimal  system  adopted. 

25.  Manner  of  numbering. 

26.  Size  of  numbers — where  placed. 

27.  Penalty  for  not  numbering. 

28.  Numbering  of  new  buildings. 

29.  Throwing  dirt,  etc.,  on  paved  streets — penalty. 

30.  Molesting  paved  streets. 

31.  No  permission  to  be  granted  until  bond  is  given — penalty. 

•Obstructions  to  streets  forbidden.  § 1.  No  person  shall 
erect,  constructor  place,  or  cause  to  be  erected,  constructed  or  placed, 
any  building,  fence,  porch,  steps,  window,  stairs,  railing  or  other 
obstruction,  in  whole  or  in  part,  upon  any  street,  alley,  sidewalk  or 
other  public  ground  within  said  city. 

Owner  to  remove  obstruction  upon  notice.  § 2.  The  owner 
of  any  building,  fence,  porch,  steps,  window,  stairs,  railing  or  other 
obstruction  now  standing,  or  which  may  hereafter  be  erected  or 
placed  upon  any  street,  alley,  sidewalk  or  public  ground  within  this 
city,  or  which  may  be  left  standing  upon  any  new  street  or  alley 
that  has  been  or  may  be  hereafter  opened,  who  shall  not  remove 
the  same  within  such  reasonable  time,  not  exceeding  thirty  nor  less 


256 


Ordinances  oe  the 


than  three  days,  as  he  shall  be  required  so  to  do  by  a notice  served 
upon  him,  signed  by  the  mayor,  city  engineer,  or  any  police  officer 
of  said  city,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,, 
nor  more  than  {wo  hundred  dollars,  and  a further  penalty  of  ten 
dollars  for  every  day  the  same  shall  remain  after  the  expiration  of 
the  time  fixed  in  such  notice.  I . 

Engineer  to  remove  obstructions — cost,  etc.  g 3.  When- 
ever the  owner  of  any  building,  fence,  or  other  obstruction  upon 
any  street,  alley,  sidewalk  or  public  ground  shall  neglect  or  refuse 
to  remove  the  same,  after  a notice  to  do  so,  as  prescribed  in  the  pre- 
ceding section,  or  if  the  owner  cannot  be  found  for  the  purpose  of 
such  notice,  upon  reasonable  diligence  by  the  city  engineer,  such 
obstruction  shall  be  deemed  a nuisance;  and  the  city  engineer  shall 
cause  the  same  to  be  removed  or  taken  down,  and  the  expense  thereof 
shall  be  recoverable  from  the  owner  in  a suitable  action  before  any 
court  of  competent  jurisdiction.  Any  person  who  shall  resist  or 
interfere  with  the  removal  or  taking  down  of  any  such  obstruction 
as  aforesaid,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars, 
nor  more  than  two  hundred  dollars. 

Building  material  in  street,  etc.  § 4.  No  builder  or  other 
person  shall  incumber  or  obstruct  any  street  or  alley  with  any 
building  or  other  like  materials  without  a written  permit  from  the- 
mayor,  nor  shall,  except  in  ease  of  urgent  necessity  and  for  a short 
time, incumber  or  obstruct  more  than  one-third  of  any  street  or  alley 
or  one-half  of  the  sidewalk,  nor  shall  such  obstruction  continue  in 
any  case  longer  than  may  be  necessasy  in  the  diligent  erection  of 
such  building,  or  the  prompt  execution  of  the  work.  Whoever  shall 
violate  any  provision  of  this  section  shall  be  subject  to  a penalty  of 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars  for 
each  day  he  shall  continue  in  violation  thereof. 

Red  lights  at  piles  of  building  material.  ' § 5.  Whenever 
any  builder  or  other  person  shall  place  any  pile  of  lumber,  brick, 
sand,  or  other  building  material  in  any  street  or  alley  in  said  city, 
it  shall  be  his  duty  to  place  suitable  and  sufficient  red  lights  upon 
such  pile  of  building  material  at  twilight  in  the  evening,  and  keep 
them  burning  during  the  night.  Upon  his  neglect  or  refusal  so  to 
do  he  shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty 
dollars. 

Railings  and  lights  at  excavations.  § 6.  Whenever  any 
person  is  engaged  in  digging  down  any  street,  or  making  any  sewer 
or  drain  therein,  or  trench  for  gas  or  water  pipes,  or  other  excavation, 


City  of  Danville. 


in  any  public  street,  sidewalk,  alley  or  open  place  in  this  city,  under 
any  contract  with  the  city,  or  any  private  corporation  or  person,  or 
where  the  same  is  done  by  any  person  or  private  corporation  for  his 
or  its  own  use  and  benefit,  and  such  work,  if  left  exposed,  would  be 
dangerous  to  passengers,  horses,  teams  or  travelers,  such  person  or 
corporation  so  engaged  in  such  work  as  aforesaid  shall  erect  a fence 
or  railing  at  such  excavation  or  work  in  such  manner  as  to  prevent 
danger  to  passengers,  teams  or  travelers  who  may  be  traveling  such 
street  or  alley,  and  shall  so  maintain  such  fence  or  railing  until  such 
work  is  completed  or  danger  removed.  And  it  shall  further  be  the 
duty  of  such  person  or  corporation  to  place  upon  such  railing  or 
fence,  at  twilight  in  the  evening,  suitable  and  sufficient  red  lights, 
and  keep  them  burning  through  the  night  during  the  performance 
of  such  work.  Any  person  or  corporation  violating  any  of  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  five  dollars,  nor 
more  than  two  hundred  dollars  for  each  offense. 

Cellar  doors  open.  § 7.  Whoever  shall,  iu  the  night-time, 
leave  open  any  cellar  door,  vault,  well,  cistern,  excavation,  ditch  or 
like  hole  upon  or  adjoining  any  street,  alley  or  sidewalk,  without 
securing  and  protecting  the  same  so  as  not  to  endanger  the  safety  of 
persons  or  animals  passing  thereby  from  falling  therein,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars. 

Merchandise  or  fuel  on  streets.  § 8.  No  person  shall 
obstruct  or  incumber  any  street  or  alley  with  merchandise,  fuel  or 
other  articles  of  property  longer  than  may  be  necessary  in  the  diligent 
removal  of  the  same,  under  a penalty  of  not  less  than  one  dollar, 
nor  more  than  ten  dollars,  and  a like  penalty  for  each  hour  the  same 
shall  not  be  removed,  after  notice  to  remove  the  same  by  the  mayor, 
city  engineer  or  any  police  officer. 

Obstructing  street  by  teams.  § 9.  When  any  street  or 
alley  may  be  obstructed  by  a press  of  teams,  wagons  or  animals,  the 
mayor,  any  police  officer  or  any  alderman  may  give  such  orders  and 
directions  as  may  be  deemed  necessary  for  abating  the  obstruction; 
and  whoever  shall  not  obey  such  orders  and  directions  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars. 

Persons  placing  obstructions  liable  for  damages.  § 10. 
Whoever  shall  place  or  leave,  or  cause  to  be  placed  or  left,  any 
encroachment,  incumbrance  or  obstruction  in  or  upon  any  street, 
alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the  city  and  to 

17 


258 


Ordinances  of  the 


private  persons  for  all  damages  or  injury  arising  from  such  encroach- 
ment, incumbrance  or  obstruction. 

Buildings,  etc.,  in  street  not  to  be  repaired.  §11.  No 
fixtures,  building,  fence  or  other  erection  or  inclosure  extending  or 
encroaching  upon  any  road,  street,  alley  or  sidewalk,  contrary  to 
ordinance,  shall  be  repaired  or  rebuilt,  under  a penalty  of  not  less 
than  ten  dollars,  and  not  exceeding  one  hundred  dollars. 

Removal  of  buildings  through  streets.  § 12.  No  person 
shall  move  or  cause  to  be  removed,  or  aid  in  removing,  any  building 
through  or  across  any  street  or  alley  without  a written  permit  from 
the  mayor,  nor  shall,  in  .removing  such  building,  unnecessarily 
incumber  or  obstruct  any  street  or  alley,  or  for  a longer  time  than 
may  be  necessary  in  the  prompt  and  diligent  removal  of  such  build- 
ing, under  a penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars  in  each  case,  and  an  additional  penalty  of  not 
less  than  three  dollars  for  each  day  such  building  shall  unnecessarily 
remain  in  any  street  or  alley. 

Digging  in  streets,  etc.  § J 3.  Whoever  shall  excavate,  strip, 
sap,  undermine,  or  in  any  manner  dig  away  or  plow  any  street, 
alley  or  highway,  or  any  part  of  the  same,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

Excavations  adjoining  streets  to  be  guarded.  § 14. 
Whenever  any  person  shall  hereafter  excavate,  sap,  strip,  undermine 
or  make  any  opening  in  the  ground  of  the  depth  of  four  feet  or 
more  upon  any  premises  contiguous  to  or  within  ten  feet  of  any 
street,  alley  or  highway,  such  person  shall  inclose  such  premises  by 
a substantial  railing,  or  other  sufficient  barrier,  at  least  four  feet  in 
height,  and  shall  keep  up  such  railing  or  barrier  as  long  as  such 
excavation  or  opening  shall  remain;  and  for  any  neglect,  failure  or 
refusal  so  to  do  such  person  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars. 

Excavations  in  streets — tearing  up  sidewalks.  § 15. 
No  person  not  authorized  by  ordinance  shall  make  any  excavation 
in  any  street,  alley  or  sidewalk  without  a written  permit  from  the 
•mayor,  under  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars.  Any  person  making  or  causing  to  be  made 
any  excavation  or  ditch,  for  any  purpose,  in  any  street  or  alley  or 
sidewalk,  shall,  without  any  unnecessary  delay,  cause  the  same  to 
be  filled  up  to  the  proper  level  of  the  street,  alley  or  sidewalk,  and 
shall,  from  time  to  time,  if  necessary,  continue  to  repair  the  same 
until  the  earth  is  completely  settled  and  the  surface  conforms  to  the 


City  of  Danville. 


259 


proper  level  of  the  street.  Any  person  tearing  up  any  plank  or 
paved  street  or  sidewalk,  or  bridge  or  culvert,  for  any  purpose,  or 
negligently  breaking  or  injuring  the  same  by  the  removing  of  any 
building  over  the  same,  shall,  without  delay,  cause  such  plank  or 
paved  street,  alley  or  sidewalk,  or  bridge  or  culvert,  to  be  repaired 
or  placed  in  the  same  condition  as  before  the  breaking  or  injuring 
thereof.  Any  person  making  or  causing  to  be  made  any  excavation 
or  ditch,  or  tearing  up,  breaking  or  injuring  any  planked  or  paved 
street,  alley  or  sidewalk,  bridge  or  culvert,  or  causing  the  same  to 
be  broken,  injured,  or  torn  up,  who  shall  not  comply  with  the 
requirements  of  this  section,  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars,  and  the 
city  engineer  shall,  without  delay,  cause  such  filling  up  or  repairs  to 
be  made  and  completed,  and  the  cost  thereof  may  be  collected  of 
any  person  whose  duty  it  was  to  do  the  same,  and  recovered  with 
the  penalty  or  in  a separate  suit  in  the  name  of  the  city. 

Removing  grade  or  corner  stakes.  § 16.  Whoever  shall 
purposely  change  or  remove  any  stake,  post  or  stone  placed  or  set 
to  designate  the  corner  or  line  of  any  lot  or  land,  street  or  alley, 
or  to  show  the  grade  of  any  street,  alley  or  sidewalk, shall  be  subject 
to  a penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

Removing  or  selling  earth  from  street.  § 17.  Whoever 
shall,  for  any  private  purpose,  dig,  remove  or  carry  away  any  earth 
from  any  street  or  alley,  without  the  permission  of  the  city  council, 
shall  be  subject  to  a penalty  of  not  less  than  one  dollar  for  each  load 
removed  or  carried  away ; and  any  city  officer  who  shall  sell  or  dispose 
of  any  earth  from  any  street  or  alley  for  his  private  gain  or  benefit 
shall  be  subject  to  a penalty  of  not  less  than  twenty-five  dollars, and 
not  exceeding  one  hundred  dollars. 

Ashes,  rubbish,  etc.,  in  steets  and  alleys.  § 18.  Whoever 
shall  throw,  place  or  leave  any  ashes,  dirt,  garbage,  filth  or  other 
rubbish  in  or  upon  any  street,  alley  or  sidewalk,  or  shall  knowingly 
suffer  or  permit  the  same  to  be  thrown,  placed  or  left  in  or  upon 
any  street,  alley  or  sidewalk  in  front  of  or  adjoining  any  premises 
owned  or  occupied  by  him,  or  under  his  control,  shall  be  subject  to  a 
penalty  of  not  less  than  one  dollar,  and  not  exceeding  one  hundred 
dollars,  and  to  a like  penalty  for  each  day  the  same  may  remain, 
after  notice  to  remove  the  same  by  the  mayor,  the  city  engineer,  or 
any  police  officer  or  any  alderman. 

Fire  upon  street  crossings  § 19.  Whoever  shall  throw, 
place  or  leave  any  live  coals  or  fire,  or  make  or  kindle  any  fire,  upon 


260 


Ordinances  of  the 


any  planked  street  crossing,  shall  be  subject  to  a penalty  of  not  less- 
tlian  three  dollars,  and  not  exceeding  one  hundred  dollars,  and  shall 
likewise  be  liable  for  all  damages  or  injury  caused  thereby,  and  the 
cost  of  repairing,  which  may  be  recovered  with  the  penalty  or  in  a 
separate  suit  in  the  name  of  the  city.  m 

Throwing  paper,  etc. — dropping  rubbish  from  carts.  § 20. 
Whoever  shall  throw  any  paper,  straw,  tin  cans  or  litter  of  any 
kind  into  any  street,  alley  or  open  space  of  ground,  in  said  city,  or 
shall  cause  any  cart,  wagon  or  other  vehicle  to  be  so  loaded  and 
heaped  up  with  sand,  manure,  earth  or  rubbish,  so  that  in  the 
hauling  thereof,  any  part  of  such  load  shall  be  scattered  or  dropped 
in  any  street,  alley,  or  other  open  place  of  said  city,  shall  be  fined 
not  less  than  three  nor  more  thau  fifty  dollars  for  each  offense. 

Stopping  team  on  crossings.  § 21.  Whoever  shall  obstruct 
any  street  crossing  by  unnecessarily  stopping  thereon  with  any 
team,  vehicle  or  animal,  so  as  to  incommode  persons  crossing  the 
same,  shall  be  subject  to  a penalty  of  not  less  than  one  dollar,  and 
not  exceeding  ten  dollars. 

Feeding  or  huckstering  on  public  square.  § 22.  No  person 
or  persons  shall  feed  any  team,  horse  or  horses,  or  other  animai 
upon  the  public  square  in  said  city,  nor  shall  stop  upon  the  same 
'with  teams,  wagons,  market-wagons,  carriages  or  otherwise,  for  the 
purpose  of  marketing,  bargaining,  bartering,  trafficking  or  in 
hawking  any  wood,  coal,  hay,  straw,  fish,  poultry,  produce,  goods, 
wares  or  merchandise,  under  a penalty  of  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Numbers  on  buildings.  § 23.  All  buildings  situated  on  any  of 
the  streets  of  said  city  shall  be  numbered  in  the  manner  herein, 
and  as  may  be  hereafter  provided  by  the  city  council. 

Decimal  system  adopted.  § 24.  The  decimal  system  of  num- 
bering the  streets  is  hereby  adopted. 

Manner  of  numbering.  § 25.  All  east  and  west  streets  shall 
be  numbered  commencing  at  Vermilion  street.  Such  part  of  said 
streets  as  lie  east  of  Vermilion  street  to  be  numbered  from  Vermilion 
street  east;  and  such  parts  of  said  street  as  lie  west  of  Vermilion 
street  to  be  numbered  from  Vermilion  street  west.  All  north  and 
south  streets  shall  be  numbered  commencing  at  Main  street.  Such 
part  of  said  north  and  south  streets  as  lie  north  of  Main  street  to 
be  numbered  from  Main  street  north;  and  such  part  of  said  streets 
as  lie  south  of  Main  street  to  be  numbered  from  Main  street  south. 


City  of  Danville. 


261 


'One  hundred  numbers  shall  be  assigned  to  each  block.  The  even 
numbers  to  be  on  the  west  side  of  all  north  and  south  streets,  and 
the  south  side  of  all  east  and  west  streets. 

Size  of  numbers — where  placed.  § 26.  Each  of  the  figures 
of  every  number  shall  be  not  less  than  three  inches  in  length,  and 
so  marked  as  to  be  distinctly  and  easily  read;  said  numbers  shall 
be  placed  in  a conspicuous  place,  on  the  side  of  or  above  the  front 
door  of  the  building  to  which  they  are  attached. 

Penalty  for  not  numbering.  § 27.  Any  person  being  the 
owner  or  occupant  of  any  building  now  erected  in  the  city  of 
Danville,  who,  after  being  notified  by  the  city  engineer,  that  the 
street  numbers  are  on  record  at  his  office,  shall  for  thirty  days 
neglect  or  refuse  to  number  any  building  owned  or  occupied  by  him, 
with  the  number  so  assigned  such  building,  as  aforesaid,  or  shall 
number  such  building  with  a number  different  from  that  assigned 
such  building  as  aforesaid,  or  shall  maintain  any  such  wrong  number 
upon  any  such  building  which  may  be  now  upon  it,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  ten  dollars  for  every 
thirty  days  he  shall  neglect  or  refuse  to  number  said  building,  or 
shall  maintain  such  wrong  number  upon  the  same. 

Numbering  on  new  buildings.  § 28,  An^  owner  or  occupant 
of  any  building  hereafter  erected  in  said  city,  who  shall  for  thirty 
days  after  the  same  shall  be  erected,  neglect  or  refuse  to  number 
said  building  according  to  the  provisions  of  this  chapter,  or  who 
shall  number  said  building  without  having  first  obtained  from  said 
city  engineer  a certificate  designating  the  proper  number,  or  shall 
place  or  maintain  on  such  building  a number  different  from  that 
assigned  to  it  by  said  city  engineer,  shall  be  subject  to  a penalty  of 
not  less  than  three  dollars,  nor  more  than  ten  dollars,  for  every 
thirty  days  thereafter  that  said  building  shall  be  without  its  number, 
according  to  the  provisions  of  this  chapter,  or  shall  have  a number 
thereon  different  from  that  assigned  to  it  by  said  city  engineer. 

Throwing  dirt,  etc.,  on  paved  street — penalty.  § 29.  It 
shall  be  unlawful  for  any  person,  persons  or  corporation  to  sweep, 
throw,  shovel,  scrape  or  carry  any  dirt,  litter,  rubbish,  waste,  or 
refuse  from  any  office,  store,  shop,  house  or  place  to  or  upon  any 
paved  street  of  said  city  ; or  to  sweep  or  throw  the  scrubbings 
from  any  store,  shop,  saloon  or  other  place  upon  any  sidewalk,  or 
upon  any  paved  street  of  said  city  ; or  to  shovel,  dig  or  scrape  the 
dirt  from  one  part  of  \iny  paved  street  and  throw  the  same  upon  a 
■different  place  upon  any  paved  street,  except  for  the  purpose  of 


262 


Ordinances  of  the 


immediately  carting  the  same  away  ; or  to  change,  shift  or  stir  the- 
dirt  or  deposit  upon  any  part  of  any  paved  street,  except  for  the 
purpose  of  removing  such  dirt  or  deposit  from  such  paved  street. 
Any  person  violating  the  provisions  of  this  section  shall  be  fined  in 
any  sum  not  less  than  three  dollars,  nor  more  than  fifty  dollars  for 
each  offense. 

Molesting  paved  street.  § 30.  No  person,  persons  or  corpor- 
ation shall  injure,  tear  up  or  molest  any  brick  pavement  now  or 
hereafter  laid  on  any  street  or  alley  of  said  city,  or  dig  any  hole,, 
ditch,  trench,  drain  or  excavation  therein  for  any  purpose  whatever, 
without  first  having  obtained  permission  so  to  do  from  the  city 
engineer  or  city  council  of  said  city. 

No  PERMISSION  TO  BE  GRANTED  UNTIL  BOND  IS  GIVEN — PENALTY. 
§ 31.  No  permission  shall  be  granted  by  the  mayor  or  city  council 
to  any  person,  persons  or  corporation  to  dig  any  hole,  ditch,  trench, 
drain  or  excavation  in  any  such  paved  street  unless  the  person, 
persons  or  corporation  desiring  to  dig  any  such  hole,  ditch,  trench, 
drain  or  excavation  in  such  paved  street  shall  first  give  a good  and 
sufficient  bond,  conditioned  that  such  person,  persons  or  corporation 
will  restore  such  pavement  to  as  good  a condition  as  the  same  was 
in  before  such  hole,  ditch,  trench,  drain  or  excavation  was  made 
therein,  and  that  lie,  they  or  it  will  save  and  keep  harmless  the  said 
city  from  all  loss  or  damage  which  may  be  occasioned  by  such  hole, 
ditch,  drain,  trench  or  excavation.  Any  person  who  shall  injure, 
tear  up  or  molest  any  such  brick  pavement,  or  dig  any  hole,  ditch, 
trench,  drain  or  excavation  therein,  without  having  obtained 
permission  so  to  do  as  provided  for  in  this  section  shall  be  fined  in 
any  sum  not  less  than  ten  dollars,  and  not  more  than  one  hundred 
dollars  for  each  offense. 


CHAPTER  XL. 


SUPPLIES 

Section. 

1.  Supplies. 

2.  Requisition  for  supplies. 

3.  Who  shall  purchase — order — bill. 

4.  Claims  for  goods  not  ordered. 

5.  Bill — what  to  contain. 

6.  Board  of  prisoners. 

Supplies  to  be  purchased  ox  contracts.  § 1.  All  supplies 
or  materials  for  the  city  of  Danville,  when  practicable,  shall  be  pur- 
chased on  time  contracts,  the  same  to  be  let,  upon  advertisement,  to 
the  lowest  and  best  bidder,  as  the  city  council  may  determine.  The 
committee  in  charge  of  the  different  departments  shall,  so  far  as 
possible,  prepare  estimates  and  specifications  for  such  supplies.  No 
time  contracts  to  furnish  supplies  or  materials  shall  cover  a longer 
period  than  the  municipal  year. 

Requisition  for  supplies.  § 2.  Any  officer  or  person  having 
charge  of  any  department  of  the  city  government  shall,  whenever 
any  supplies  or  materials  are  needed  in  his  department  for  the  fur- 
nishing of  which  the  city  does  not  hold  a contract,  make  out  and 
present  to  the  city  council  in  session  a written  requisition,  setting  forth 
the  article  or  articles  needed  and  the  price  thereof,  if  known. 

Who  shall  purchase — order — bill.  §3.  The  council  shall, 
at  the  time  of  ordering  the  purchase  of  any  supplies,  designate  who 
is  authorized  to  make  the  purchase;  and  every  officer  or  person 
ordering  any  article  from  a distance  from  the  city  shall  file  with  the 
city  clerk  a copy  of  the  order  sent  by  him,  and  also  the  bill  of  the 
article  so  ordered,  as  soon  as  the  same  is  received. 

Claims  for  goods  not  ordered.  § 4.  No  account  or  claim  for 
any  article  furnished  the  city  shall  be  allowed  unless  such  article 
was  ordered  to  be  purchased  by  the  council,  or  unless  the  purchase 
thereof  was  the  result  of  an  emergency  which  could  not  reasonably 
have  been  foreseen  in  time  to  present  a requisition  to  the  council. 

Bill — what  to  contain — certificate.  § 5.  Every  bill  pre- 
sented to  the  city  council  for  allowance  shall  contain  an  itemized 
statement  of  the  articles  for  which  payment  is  asked,  and  shall  be 
certified  to  by  the  officer  under  whom  the  liability  was  incurred.. 


264 


Ordinances  of  the 


*5  Board  of  prisoners.  § 6.  The  city  council  shall,  at  the  begin- 
ning of  each  municipal  year,  make  a contract  with  some  responsible 
party  for  the  feeding  of  any  and  all  prisoners  confined  in  the  city 
calaboose  or  prison. 


CHAPTER  XLI. 

VEHICLES. 

Section. 

1.  Vehicles  licensed. 

2.  Rate  of  license. 

3.  Number  of  license  on  vehicle. 

4.  Persons  entitled  to  license. 

5.  Bonds. 

6.  Rates  for  carrying  passengers  or  property. 

7.  Penalty  for  charging  excessive  rates. 

8.  Boisterous  conduct — obstructing  streets. 

9.  Stands  for  vehicles. 

10.  Police  to  remove  vehicles. 

11.  False  representation,  extortion,  etc. 

12.  Licensed  persons  to  keep  copy  of  section  6. 

Vehicles  licensed.  § 1.  No  person  shall  keep  or  use  for  hire 
for  the  carrying  of  persons  or  property  any  vehicle  of  any  kind  or 
description,  within  the  city  of  Danville,  without  first  obtaining  a 
license  therefor,  under  a penalty  of  not  less  than  five  dollars,  nor 
more  than  fifty  dollars  for  each  offense*  Provided,  This  section  shall 
not  apply  to  liverymen  hiring  out  vehicles  to  persons  for  single 
trips,  or  in  the  course  of  the  usual  or  ordinary  business  of  livery- 
men ; nor  shall  the  same  apply  to  merchants,  lumbermen  and  other 
persons  who  keep  and  use  vehicles  for  the  delivery  of  property  sold 
by  them  and  delivered  to  the  purchasers  thereof  free  of  charge;  nor 
shall  the  same  apply  to  teams  hired  by  the  day  or  week,  and  not 
engaged  in  carrying  passengers. 

Rate  of  license.  § 2.  There  shall  be  charged  and  paid  for  a 
license  under  this  chapter  the  following  rates: 

First.  For  omnibuses  running  between  the  hotels  and  railroad 
depots  and  other  parts  of  the  city,  the  sum  of  five  dollars  per  annum 
for  each  omnibus.  '• 

Second.  For  each  hackney  coach  or  other  two-horse  carriage, 
wagon,  hack  or  vehicle  used  for  carrying  passengers,  the  sum  of  five 
dollars. per  annum. 


City  of  Danville. 


265 


Third.  For  each  cab  or  other  one-horse  vehicle  used  for  carrying 
passengers,  the  sum  of  five  dollars  per  annum. 

Fourth.  For  each  truck,  dray  or  other  vehicle  used  for  carrying 
freight  or  property,  the  sum  of  one  dollar  per  annum. 

Fifth.  For  each  hackney  coach,  cab,  omnibus,  hack,  carriage  or 
other  vehicle  running  transiently  in  the  city  during  fair  time  and 
other  days  when  there  is  a public  demonstration  in  the  city,  the  sum 
of  five  dollars  per  day  shall  be  charged  for  each  vehicle  carrying 
passengers  for  hire. 

Number  of  license  on  vehicle.  § 3.  Every  person  keeping 
or  using  any  vehicle  requiring  a license  shall  cause  the  number  of 
the  license  of  such  vehicle  to  be  conspicuously  painted  or  placed 
upon  tjie  same  where  it  can  be  readily  seen ; and  any  person  neg- 
lecting or  refusing  so  to  do  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  twenty-five  dollars. 

Persons  entitled  to  license.  § 4.  No  person  shall  be 
entitled  to  a license  under  this  chapter  except  such  person  is  a resi- 
dent of  Danville  township,  and  over  the  age  of  twenty-one  years, 
and  the  owner  of  the  vehicle  or  vehicles  for  which  he  desires  a 
license. 

Bonds.  § 5.  Before  a license  shall  be  issued  to  any  person  to 
keep  or  use  for  hire  any  vehicle,  he  shall  execute  a bond  to  said  city 
in  the  sum  of  five  hundred  dollars,  with  sureties  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  observance  of  all  ordinances 
of  the  city  relating  to  vehicles,  and  that  he  will  promptly  deliver 
all  property  intrusted  to  him  to  the  persons  entitled  thereto. 

Rates  for  carrying  passengers  or  property.  §6.  Charges 
for  the  transportation  of  persons  and  property  by  all  persons  licensed 
hereunder  shall  be  as  follows,  viz: 

First.  For  carrying  each  passenger  between  any  two  points  within 
the  city,  twenty-five  cents. 

Second.  For  the  use  of  any  two-horse  cab,  carriage  or  other 
vehicle,  with  driver,  by  the  hour,  the  sum  of  one  dollar  per  hour. 

Third.  For  the  use  of  any  one-horse  vehicle,  by  the  hour,  with 
driver,  fifty  cents  per  hour. 

Fourth . For  carrying  merchandise  or  property  of  any  kind  upon 
a wagon,  truck  or  dray,  for  any  distance  not  exceeding  six  blocks, 1 
the  sum  of  twenty-five  cents  per  load;  for  any  distance  exceeding 
six  blocks,  fifty  cents  per  load. 


266 


Ordinances  of  the 


Penalty  for  charging  excessive  rates.  § 7.  Any  person 
licensed  under  this  chapter,  or  the  driver  of  any  such  licensed 
vehicle,  who  shall  charge,  or  cause  to  be  charged,  any  greater  sum 
than  the  rates  provided  in  section  six  of  this  chapter,  for  carrying 
any  passenger  or  property,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  one  hundred  dollars  for  each  offense,  and  the  owner 
of  such  vehicle  shall  in  addition  thereto  forfeit  his  license  for  the 
same,  in  the  discretion  of  the  mayor. 

Boisterous  conduct — obstructing  streets,  etc.  § 8.  No 
driver  of  any  coach,  cab,  dray  or  other  vehicle  licensed  under  this 
chapter,  shall,  at  any  depot,  or  at  any  stand  waiting  for  employment 
or  other  place,  leave  his  team,  ’bus,  carriage  or  vehicle  to  solicit 
passengers,  or  shall  conduct  himself  in  a boisterous  or  disorderly 
manner,  or  use  any  indecent  or  profane  language,  or  in  any  way  vex 
or  annoy  any  traveler,  passenger  or  other  person,  or  unnecessarily 
snap  or  flourish  his  whip,  or  obstruct  any  street  or  sidewalk  in  said 
city,  under  a penalty  of  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars. 

Stands  for  vehicles.  § 9.  The  city  marshal  shall  designate 
stands  for  all  cabs,  coaches,  omnibuses  or  other  vehicles  at  all 
railroad  depots,  where  the  same  shall  stand"  while  waiting  for 
passengers  or  property;  and  shall  also  designate  and  fix  the  stands 
at  other  points  in  the  city  where  all  drays,  carts,  coaches,  cabs  or 
other  licensed  vehicles,  shall  stand  while  waiting  for  passengers  or 
employment;  and  said  city  marshal  shall  make  all  necessary  rules 
and  regulations  for  the  use  and  occupation  of  said  stands  by  such 
licensed  vehicles : Provided , that  no  such  stand  shall  be  assigned 
for  any  such  vehicle  in  front  of  any  premises,  against  the  wish  of 
any  owner  or  occupant  of  the  same.  Any  owner  or  driver  of  any 
such  licensed  vehicle,  who  shall  cause,  or  permit  the  same  to  stand 
or  remain  at  any  place,  waiting  for  passengers  or  employment,  other 
than  the  one  assigned  for  the  same,  or  shall  violate  any  of  the  rules 
of  the  city  marshal  regulating  such  stands  as  aforesaid,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 

Police  to  remove  vehicles.  § 10.  The  city  marshal  and  the 
several  police  officers  of  the  city  shall  have  power  to  order  the 
driver,  or  other  person  having  charge  of  any  licensed  vehicle,  to 
remove  such  vehicle  away  from  any  place  in  any  of  the  streets, 
which  in  his  Or  their  opinion  may  be  improperly  incumbering  such 
street,  or  obstructing  or  impeding  public  travel;  and  any  person, 


City  of  Danville. 


267 


refusing  or  neglecting  to  comply  with  such  order  shall  be  fined  not 
less  than  two  dollars,  nor  more  than  twenty  dollars. 

False  representation — extortion.  § 11.  Any  owner  or 
driver  of  any  cab,  coach  or  other  licensed  vehicle,  who  shall  induce 
anybody  to  employ  him,  by  knowingly  or  wantonly  misinforming 
or  misleading  such  person,  either  as  to  the  time  or  place  of  the 
arrival  or  departure  of  any  railroad  train,  or  the  distance  to,  or 
location  of  any  depot,  office,  station,  hotel,  public  place  or  private 
residence  within  said  city,  or  shall  be  guilty  of  any  other  fraud, 
extortion,  or  attempted  fraud  or  extortion,  upon  such  person,  shall 
be  fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars  for  any  or  either  of  the  aforesaid  offenses. 

Licensed  persons  to  keep  copy  of  section  6.  §'  12.  The 

driver  of  every  licensed  vehicle,  shall  keep  in  his  possession  at  all 
times,  a certified  copy  of  section  six  of  this  chapter,  or  any 
amendments  thereto  hereafter  _ ptassed  by  the  city  council,  and  shall 
exhibit  the  same  to  any  person  employing  him,*  who  shall  demand 
the  same,  under  a penalty  of  not  less  than  three  dollars. 


.268 


Ordinances  of  the 


CHAPTER  XLII. 


WARDS. 


Section. 

i.  Division  of  city  into  wards. 


Division  of  city  into  wards.  § 1.  The  city  of  Danville  is 
hereby  redistricted  into  seven  wards,  and  the  numbers  of  said  wards 
and  the  boundaries  thereof  shall  be  as  follows — that  is  to  say: 

First  Ward. 

The  First  ward  shall  consist  of  all  that  portion  of  said  city  which 
is  included  within  the  following  boundary  lines,  viz:  Commencing 
on  the  line  of  the -city  limits  at  Bowman  avenue  at  the  point  of 
intersection  with  the  center  line  of  South  street  extended;  thence 
southerly  along  the  line  of  the  city  limits  to  the  line  of  the  city 
limits  at  the  Vermilion  river;  thence  up  said  Vermilion  river,  fol- 
lowing the  line  of  the  city  limits,  to  the  point  where  the  center  line 
of  South  street  extended  crosses  said  Vermilion  river;  thence- east 
along  the  center  line  of  South  street  to  the  east  end  of  South  street; 
thence  easterly  to  the  place  of  beginning  on  Bowman  avenue. 

Second  Ward. 

The  Second  ward  of  said  city  shall  consist  of  all  that  portion  of 
said  city  which  is  included  within  the  following  boundary  lines, 
viz:  Commencing  on  the  line  of  the  city  limits  at  Bowman  avenue 
at  the  point  of  intersection  with  the  center  line  of  South  street 
extended;  thence  west  to  the  center  of  the  east  end  of  South  street; 
thence  west  along  the  center  line  of  South  street  to  a point  opposite 
the  center  line  of  Walnut  street;  thence  north  along  the  center  line 
of  Walnut  street  to  a point  opposite  the  center  line  of  the  alley  run- 
ning cast  and  west  between  Main  street  and  North  street;  thence 
east  along  the  center  line  of  said  east  and  west  alley  between  said 
Main  street  and  North  street  to  the  west  end  of  VanBuren  street; 
thence  east  to  the  center  line  of  Stony  creek;  thence  southerly  down 
the  center  line  of  said  Stony  creek  to  the  center  line  of  Main  street; 
thence  northeasterly  along  the  center  line  of  Main  street  to  the  city 
limits  at  Bowman  avenue;  thence  south  along  the  line  of  the  city 
limits  on  Bowman  avenue  to  the  place  of  beginning. 


City  of  Danville. 


269 


Third.  Ward. 

The  Third  ward  shall  consist  of  all  that  portion  of  said  city 
which  is  included  within  the  following  boundary  lines,  viz:  Com- 
mencing where  the  center  line  of  Main  street  crosses  the  line  of  the 
city  limits  at  Bowman  avenue;  thence  northerly  along  the  line  of 
the  city  limits  at  Bowman  avenue  to  the  point  of  intersection  with 
the  center  line  of  Seminary  street  extended  ; thence  westerly  along 
the  center  line  of  said  Seminary  street  to  the  center  line  of  the  right 
of  way  of  the  Wabash  railroad  company  ; thence  southwesterly  along 
the  center  line  of  said  right  of  way  to  the  point  of  intersection  with 
the  center  line  of  Madison  street  extended  ; thence  west  along  the 
center  line  of  Madison  street  to  the  center  line  of  Hazel  street ; 
thence  south  along  the  center  line  of  Hazel  street  to  a point  opposite 
the  center  line  of  the  alley  running  east  and  west  between  Main 
street  and  North  street ; thence  east  along  the  center  line  of  said 
alley  to  the  west  end  of  VanBuren  street;  thence  east  to  the  center 
line  of  Stony  creek  ; thence  southerly  down  said  Stony  creek,  along 
the  center  line  thereof,  to  the  center  of  Main  street;  thence  north- 
easterly along  the  center  line  of  said  Main  street  to  the  place  of 
beginning  at  Bowman  avenue. 

Fourth  Ward. 

The  Fourth  ward  shall  consist  of  all  that  portion  of  said  city 
which  is  included  within  the  following  boundary  lines,  viz  : Com- 
mencing where  the  center  line  of  Seminary  street  extended  crosses 
the  line  of  the  city  limits  at  Bowman  avenue;  thence  northerly 
along  the  line  of  the  city  limits  at  Bowman  avenue  to  the  line  of 
the  city  limits  on  Fairchild  street;  thence  west  on  the"  line  of  the  city 
limits  on  Fairchild  street  to  the  center  line  of  Stony  creek;  thence 
down  the  center  line  of  Stony  creek  to  the  point  of  intersection  with 
the  center  line  of  Woodbury  street  extended;  thence  west  along  the 
center  line  of  Woodbury  street  to  the  center  line  of  Hazel  street; 
thence  south  along  the  center  line  of  Hazel  street  to  the  center  line 
of  Madison  street;  thence  east  along  the  center  line  of  Madison 
street  to  the  center  line  of  the  right  of  way  of  the  Wabash  railroad 
company;  thence  northeasterly  along  the  center  line  of  said  right  of 
way  to  the  center  line  of  Seminary  street ; thence  east  along  the 
center,  line  of  said  Seminary  street  to  the  place  of  beginning  at  the 
city  limits  at  Bowman  avenue. 

Fifth  Ward. 

The  Fifth  ward  of  said  city  shall  consist  of  all  that  portion  of 
said  city  which  lies  within  the  following  boundary  lines,  viz:  Com- 


270 


Ordinances  of  the 


mencing  at  the  line  of  the  city  limits  at  the  Vermilion  river  at  the 
point  of  intersection  with  the  center  line  of  South  street  extended; 
thence  east  along  the  center  line  of  South  street  to  a point  in  line 
with  the  center  of  Walnut  street;  thence  north  along  the  center 
line  of  Walnut  street  to  the  center  line  of  the  alley  running  east  and 
west  between  North  street  and  Main  street;  thence  east  along  the 
center  line  of  said  alley  to  the  center  line  of  Hazel  street ; thence 
north  along  the  center  line  of  Hazel  street  to  the  center  line  of  Sem- 
inary street ; thence  west  along  the  center  line  of  Seminarv  street 
to  the  center  line  of  Vermilion  street ; thence  north  along  the  center 
line  of  Vermilion  street  to  a.  point  opposite  the  center  line  of  Sem- 
inary street  as  it  is  laid  out  west  of  said  Vermilion  street;  thence 
west  along  the  center  line  of  said  Seminary  street  to  the  center  line 
of  Gilbert  street;  thence  north  along  the  center  line  of  Gilbert 
street  to  a point  opposite  the  center  line  of  Ann  street  ; thence  west 
along  the  center  line  of  Ann  street  to  the  center  line  of  Harmon 
avenue;  thence  south  along  the  center  line  of  Harmon  avenue  to 
the  center  line  of  Seminary  street  ; thence  west  along  the  center  line 
of  Seminary  street  to  the  center  line  of  the  right  of  way  of  the 
Cleveland,  Cincinnati,  Chicago  & St.  Louis  railway  company ; thence 
southwesterly  along  the  center  line  of  said  right  of  way  to  the  city 
limits  at  the  North  Fork  of  the  Vermilion  river;  thence  down  said 
North  Fork  of  the  Vermilion  river,  following  the  line  of  the  city 
limits,  to  the  Vermilion  river;  thence  down  said  Vermilion  river, 
following  the  line,  of  the  city  limits,  to  the  place  of  beginning. 

Sixth  Ward. 

The  Sixth  ward  shall  consist  of  all  that  portion  of  said  city  which 
lies  within  the  following  boundary  lines,  viz:  Commencing  where 
the  centef  line  of  Hazel  street  crosses  the  center  line  of  Seminary 
street;  thence  west  along  the  center  line  of  Seminary  street  to  the 
center  line  of  Vermilion  street  ; thence  north  along  the  center  line 
of  Vermilion  street  to  a point  opposite  the  center  line  of  Seminary 
street  as  it  is  laid  out  west  of  said  Vermilion  street;  thence  west 
along  the  center  line  of  said  Seminary  street  to  the  center  line  of 
Gilbert  street ; thence  north  along  the  center  line  of  Gilbert  street 
to  a point  opposite  the  center  line  of  Ann  street;  thence  west  along 
the  center  line  of  Ann  street  to  the  center  line  of  Harmon  avenue; 
thence  south  along  the  center  line  of  Harmon  avenue  to  the  center 
line  of  Seminary  street;  thence  west  along  the  center  line  of  Sem- 
inary street  to  the  center  line  of  the  right  of  way  of  the  Cleveland, 
Cincinnati,  Chicago  & St.  Louis  railway  compauy;  thence  south- 
westerly along  the  center  line  of  said  right  of  way  to  the  city  limits 


City  of  Danville. 


271 


at  the  North  Fork  of  the  Vermilion  river thence  up  said  North 
Fork  of  the  Vermilion  river,  and  following  the  line  of  the  city 
limits,  to  the  line  of  the  city  limits  on  Fairchild  street  extended  ; 
thence  easterly  along  the  line  of  said  city  limits  to  the  line  of  the 
city  limits  at  Logan  avenue ; thence  easterly  along  the  center  line  of 
Fairchild  street  to  the  center  line  of  Oak  street  ; thence  south  along 
the  center  line  of  Oak  street  to  the  center  line  of  Woodbury  street; 
thence  east  on  the  center  line  of  Woodbury  street  to  the  center  line 
of  Hazel  street;  thence  south  on  the  center  line  of  Hazel  street  to 
the  place  of  beginning. 


Seventh  Ward. 


The  Seventh  ward  shall  consist  of  all  that  portion  of  said  city 
which  lies  within  the  following  boundary  lines,  viz:  Commencing 
in  the  center  line  of  Stony  creek  at  the  point  of  intersection  with 
the  center  line  of  Woodbury  street  extended;  thence  up  the  center 
line  of  said  Stony  creek  to  the  point  where  the  same  crosses  the  east 
boundary  line  of  section  No.  five  (5),  township  No.  nineteen  (19) 
north,  range  No.  eleven  (11)  west  of  the  2d  P.  M.  in  Vermilion 
county,  Illinois;  thence  north  on  said  boundary  line  to  the  northeast 
corner  of  said  section  No.  five  (5);  thence  west  along  the  town  line 
to  the  northwest  corner  of  the  east  half  of  the  northeast  quarter  of 
section  No.  six  (6),  township  No.  nineteen  (19)  north,  range  No. 
eleven  (11)  west  of  the  2d  P.  M.  in  said  county  and  state;  thence 
south  to  the  center  of  Fairchild  street ; thence  east  along  the  center 
line  of  Fairchild  street  to  the  center  line  of  Oak  street;  thence 
south  along  the  center  line  of  Oak  street  to  the*center  line  of  Wood- 
bury street;  thence  east  on  the  center  line  of  Woodbury  street  to 
the  east  end  of  Woodbury  street;  thence  east  to  the  place  of  begin- 
ning in  Stony  creek. 

Passed  and  approved  this  30th  day  of  April,  A.  D.  1892. 


Attest : 

Joseph  Shatz, 

City  Clerk. 


John  Beard, 

Mayor. 


272 


Ordinances  of  the 


STATE  OF  ILLINOIS, 

Vermilion  County, 

City  of  Danville, 

I,  Joseph  Shatz,  city  clerk  of  the  city  of  Danville,  Vermilion 
county,  Illinois,  do  hereby  certify  that  the  foregoing  ordinance, 
entitled,  “An  ordinance  for  revising  and  consolidating  the  general 
ordinances  of  the  city  of  Danville,”  was  passed  and  adopted  by  the 
city  council  of  said  city,  at  an  adjourned  regular  meeting  thereof,  on 
the  30th  day  of  April,  A.  D.  1892 ; that  the  same  was  duly  depos- 
ited in  the  office  of  the  city  clerk  of  said  city  on  the  30th  day  of 
April,  A.  D.  1892,  and  was  duly  signed  and  approved  by  the  mayor 
of  said  city ; that  the  foregoing  is  a true  and  correct  copy  of  said 
ordinance,  and  that  the  same  is  published  and  printed  in  book  or 
pamphlet  form  under  the  direction  and  by  the  authority  of  the  city 
council  of  said  city. 

Joseph  Shatz, 

City  Clerk. 


APPENDIX. 


SPECIAL 

LAWS  AND  ORDINANCES, 

In  Force  in  the  City  of  Danville. 


18 


I 


■ 


Appendix. 


275 


SPECIAL  LAWS  AND  ORDINANCES, 

lx  Force  ix  the  City  of  Danville. 


AN  ORDINANCE 

COXCERXIXG  THE  CHICAGO,  DANVILLE  & VIXCEXXES  RAILWAY 
COMPANY. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
that  the  right  of  way  over,  across  and  upon  Depot  street  in  said 
city,  being  the  first  street  east  of  Jackson  street,  be  and  the  same  is 
hereby  granted  unto  the  Chicago,  Danville  & Vincennes  Railroad 
Company,  its  successors  and  assigns  forever,  together  with  the  right 
to  erect,  construct,  operate  arid  forever  maintain  its  main  and  side 
tracks  thereon  throughout  the  entire  length  thereof  from  Main 
street  to  the  northern  terminus  of  said  street. 

§ 2.  That  the  grant  hereinbefore  made  be  and  is  upon  the 
express  condition  that  the  said  Chicago,  Danville  & Vincennes 
Railroad  Company,  its  successors  and  assigns,  use  said  street  for  the 
purpose  aforesaid  so  as  not  to  interfere  with  the  passage  of  teams 
along  or  across  the  same,  and  that  they  keep  the  said  main  and  side 
tracks  planked  between  rails  at  the  intersection  of  other  streets  and 
alleys  with  said  Depot  street  the  full  width  of  the  streets,  alleys 
and  sidewalks  of  said  intersecting  streets,  so.  as  to  afford  safe  and 
convenient  crossings  for  teams  and  pedestrians*  and  also . upon 
condition  that  said  railroad  company,  its  agents,  successors  and 
assigns  conform  to  and  obey  all  ordinances  of  said  city  regulating 
railroads  which  are  now  in  force  or  may  hereafter  be  passed. 

§ 3.  That  the  city  of  Danville  shall  not,  by  reason  of  this  grant, 
become  liable  for  damages  to  person  or  persons  owning  property  on 
said  Depot  street,  by  reason  of  this  grant  or  the  using  of  said 
street  by  the  Chicago,  Danville  & Vincennes  Railroad. 

§ 4.  That  the  mayor  be  and  he  is  hereby  authorized  and  required 
to  enter  into  a written  contract  in  the  name  of  the  said  city  of 
Danville  with  said  railroad  company,  binding  the  parties  respectively 
to  the  observance  of  the  terms  of  this  ordinance. 

Passed  and  approved  May  12,  1871. 


276 


Appendix. 


AN  ORDINANCE 


CONCERNING  THE  DANVILLE,  URBANA,  BLOOMINGTON  & PEKIN 
RAILROAD. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
That  permission  and  authority  is  hereby  given  to  the  Danville,. 
Urbana,  Bloomington  & Pekin  Railroad  Company  to  construct,  erect, 
grade  and  maintain  their  track  with  necessary  switches,  turn-tables 
and  side-tracks,  from  the  point  where  said  railroad  crosses  the  North 
Fork  of  the  Big  Vermilion  river,  to  the  point  where  the  same  leaves 
the  city  on  the  eastern  limits  of  the  same,  across  the  following 
streets  and  intermediate  alleys  : Mill  street,  Seminary  street  and 
alley  north,  Grant  street  and  alley  east,  Chandler  street  and  alley 
east,  High  or  Kimber  street,  Harmon  avenue,  Williams  street, 
Gilbert  street,  Oak  street  and  alley  east,  and  the  street  running- 
parallel  with  the  Toledo,  Wabash  & Western  Railway  Company. 

§ 2.  At  the  crossing  of  Mill  street  and  Seminary  street  the  said 
railroad  company  shall,  within  four  weeks  from  the  time  they 
commence  work  on  either  of  said  streets,  finish  and  complete  the 
grading  of  the  road  at  such  points,  and  put  up  good  and  substantial 
bridges  of  wood  or  other  material,  of  the  width  of  sixteen  feet,  to 
be  capable  of  supporting  a moving  weight  of  twenty  five  tons,  and 
also  build,  fill  up,  repair  and  grade  the  said  streets,  so  that  there 
shall  be  an  easy  grade  or  approach  from  either  end  of  said  bridge, 
and  to  carry  out  the  intentions  of  the  city  and  said  company,  the 
said  company  hereby  are  permitted  to  raise  the  grade  of  Mill  street 
not  to  exceed  five  and  one-half  feet,  and  Seminary  street  not  to 
exceed  four  feet  above  the  level  of  the  present  street  beds  at  the 
points  crossed. 

g 3.  It  shall  be  the  duty  of  the  said  company  in  making  the 
grade  of  said  road  across  the  streets  aforesaid  to  do  so  with  all 
practicable  speed,  and  they  are  at  no  time  to  obstruct  the  streets  of 
the  city  in  the  inhabited  portions  of  the  city,  so  that  wTagons,  teams 
or  foot  passengers  shall  be  obliged  to  travel  more  than  one  square 
to  pass  such  obstruction.  The  said  company  shall,  at  its  own 
expense,  grade  the  streets  over  which  their  track  crosses  in  such  a 
manner  that  wagons  and  teams  can  cross  their  tracks  by  an  easy 
grade  to  and  from  either  side  of  their  tracks,  and  shall  make  and  at 
all  times  maintain  good,  substantial  and  safe  crossings  for  general 
travel  for  wagons,  teams,  horses,  cattle  and  foot  passengers. 


Appendix. 


27V 


§ 4.  That  the  said  company  shall  at  all  times  maintain  and  keep 
up,  at  their  own  expense,  water  ways,  ditches,  culverts,  or  other 
means  of  conducting  water  along  or  across  their  said  track,  sufficient 
to  discharge  or  carry  off  all  the  water  that  may  be  carried  to  their 
cuts  and  fills  by  the  streets  and  alleys  of  the  city,  and  to  so  construct 
their  embankments  and  cuts  that  such  water  may  be  discharged 
without  injury  or  damage  to  private  property  or  the  streets  and 
alleys  of  the  city.  It  being  one  of  the  conditions  of  this  grant  by 
the  city,  that  the  said  company  shall  at  all  .times  use,  alter,  maintain, 
and  keep  up  at  their  own  expense,  such  water  ways,  ditches,  culverts, 
or  other  means  of  conducting  the  water  that  may  be  collected  along 
their  track  by  their  ditches  or  embankments. 

§ 5.  That  the  said  company  shall  at  all  times  at  their  own 
expense  keep  in  good  and  substantial  repair  the  bridges  erected  and 
built  by  them,  as  well  as  the  crossings  of  streets  and  alleys  at  this 
time  laid  out  and  opened,  and  shall  repair  and  keep  in  good  condition 
the  grades  by  them  made  on  the  streets  and  alleys  as  aforesaid,  and 
that  whenever  so  required  by  the  city  council,  shall  extend  and 
widen  the  bridges  over  their  track  on  Mill  and  Seminary  streets,  so 
that  the  said  bridges  and  grades  thereto  shall  be  of  the  same  width 
of  the  said  streets. 

§ 6.  That  the  right  of  way  is  hereby  granted  to  the  D.,  U.,  B.  & 
P.  Railroad  Company,  over,  upon  and  along  Davis  street  from  the 
intersection  of  Oak  street  to  the  eastern  terminus  of  Davis  street, 
and  also  over,  upon  and  along  Clay  street  from  a point  twenty-two 
rods  east  of  Hazel  to  the  eastern  terminus  of  Clay  street,  with  the 
right  to  construct,  maintain  and  use  tracks  for  their  railroad  over, 
upon  and  along  the  portions  of  said  streets  above  described,  forever, 
on  condition  that  said  railroad  company  shall  so  construct  their  track 
as  not  to  interfere  with  the  travel  on  said  streets,  except  by  the  passage 
of  their  trains;  and  also  on  the  further  condition  that  said  company 
shall,  in  laying  their  said  track  on  said  streets,  make  and  keep  such 
streets  always  in  a good  and  substantial  condition  for  public  travel, 
use  and  occupation  ; and  also  on  the  further  condition  that  all  streets 
and  alleys  now  laid  out,  intersecting  or  entering  the  portions  of  said 
Davis  and  Clay  streets  used  and  occupied  by  said  company,  shall  be 
so  graded  that  the  said  Clay  street  may  be  entered  and  approached 
by  an  easy  and  convenient  grade;  and  also  on  the  further  condition 
that  said  railroad  company  shall  make  and  maintain  the  grade  of  the 
proportions  of  Clay  and  Davis  streets  the  same  with  the  grade  of 
said  road,  which  said  grade  is  hereby  established  as  the  grade  of 
such  portions  of  said  streets;  and  also  shall,  at  their  own  expense, 
build,  erect,  maintain,  and  keep  in  repair,  the  necessary  ditches, 


water  ways,  culverts,  or  other  means  of  conducting  water  along  or 
across  their  said  track  sufficient  to  discharge  or  carry  off  all  the  water 
that  may  be  brought  to  their  cuts  and  fills  in  said  streets  by  the 
streets  and  alleys  of  the  city;  and  so  construct  their  embankments 
and  cuts  that  such  water  may  be  discharged  without  injury  or  dam- 
age to  private  property  or  the  streets  and  alleys  of  the  city. 

§ 7.  That  said  railroad  company  in  constructing  their  said  road 
to  Clay  street,  have  permission  and  authority  to  construct,  erect, 
grade  and  maintain  their  tracks,  with  necessary  switches,  turn-tables 
and  side-tracks  over  and  across  Oak  street  and  alley  east;  Williams 
street,  Franklin  street  and  alley  east;  Walnut  street  and  alley  east; 
Vermilion  street  and  alley  east;  and  Hazel  street  and  alley  east;  and 
the  streets  and  alleys  east  thereof,  upon  the  same  conditions  on 
which  the  said  right  is  granted  over  and  across  the  streets  and  alleys 
west  of  Oak  street. 

§ 8.  This  ordinance  shall  not  take  effect  until  the  said  railroad 
company  shall  have  entered  into  a bond  with  the  city  of  Danville, 
to  be  filed  with  the  city  clerk  and  approved  by  the  city  council  of 
said  city,  conditioned  for  the  payment  of  any  and  all  costs,  expenses, 
fees,  charges  and  damage,  for  which  the  said  city  of  Danville  may 
become  or  be  held  liable  to  any  person  or  persons  by  reason  of  any 
act  of  said  railroad  company  in  laying  down  said  track  or  tracks,"  or 
building  such  bridges  or  grading  the  streets  and  alleys  of  the  city, 
and  also  for  performing  the  requirements  of  this  ordinance;  and  this 
ordinance  shall  not  take  effect  until  the  said  company  shall  have 
obtained  the  right  of  entry  upon  the  premises  of  private  parties 
adjacent  to  such  streets  as  are  hereby  allowed  to  be  used  by  said 
company,  either  by  agreement  with  such  private  parties,  or  by  pro- 
cess of  condemnation  under  the  statutes. 

§ 9.  That  the  said  company  shall  at  all  times  be  liable  to,  and 
conform  to,  all  ordinances  of  said  city,  in  regard  to  the  rate  of  speed 
of  moving  trains,  and  as  to  signals  on  crossing  streets  or  other  points, 
and  to  ajl  ordinances  in  relation  to  railroads  now  or  hereafter  to  be 
in  force. 

§ 10.  That  wherever  the  said  railroad  company  shall  have  occa- 
sion to  grade  any  of  the  streets  and  alleys  of  the  city,  the  grade 
shall  not  be  steeper  than  a raise  of  one  foot  in  five. 

Passed  and  approved  April  20,  1869. 


Appendix. 


279 


AN  ORDINANCE 


IX  RELATION  TO  THE  DANVILLE  AND  GRAPE  CREEK  RAILROAD 
COMPANY. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
County  of  Vermilion  and  State  of  Illinois:  That  the  Danville  and 
Grape  Creek  Railroad  Company,  its  successors,  lessees  or  assigns,  is 
hereby  authorized,  empowered  and  permitted  to  construct,  operate 
and  maintain  a single  or  double  track  railway,  in,  upon  and  across 
the  following  streets,  to  be  hereinafter  named  and  at  points  herein- 
after designated,  to-wit:  Griggs  street,  in  said  city,  at  a point  four 
hundred  and  seventy-one  and  a half  feet  west  of  the  center  of  the 
crossing  of  said  Griggs  and  Collett  streets  in  said  city,  thence  south 
by  east,  in,  upon  and  across  all  intervening  alleys,  until  said  line 
crosses  Wellington  street  at  a point  five  hundred  and  ninety  feet 
west  of  Collett  street;  thence  south  by  east,  in,  upon  and  across  all 
intervening  alleys,  until  said  line  crosses  Seminary  street  in  said  city, 
at  a point  five  hundred  eight  and  a half  feet  west  of  the  center  of 
Collett  street;  thence  south  by  east,  in  upon  and  along  all  interven- 
ing alleys,  until  said  line  crosses  Herman  street  at  a point  four  hun- 
dred feet  west  of  the  center  of  said  Collett  street;  thence  south  by 
east,  in,  upon  and  across  all  intervening  alleys,  until  said  line  crosses 
Anderson  street  at  a point  one  hundred  and  nineteen  and  a half  feet 
south  of  the  junction  of  Anderson  and  Herman  streets ; thence  south 
by  east,  in,  upon  and  across  all  intervening  alleys,  until  said  liue 
crosses  Collett  street  at  a point  nine  hundred  and  fifty  feet  north  of 
east  Main  street,  or  what  is  known  as  the  Covington  road  in  said 
city  of  Danville;  thence  south  by  east  to  a point  where  the  said  line 
crosses  east  Main  street  at  a point  five  hundred  and  nineteen  feet 
east  of  the  center  of  the  junction  of  Collett  and  Main  streets  in  said 
city  ; thence  south  by  east  to  a point  where  said  line  is  surveyed  and 
designated  to  a point  where  said  line  crosses  Bbwman  Avenue,  nine 
hundred  and  twenty-nine  and  a half  feet  on  a direct  line  south  of 
the  center  of  east  Main  street,  known  as  the  Covington  road,  in  the 
said  city  of  Danville.  However , upon  the  following  conditions,  lim- 
itations, restrictions  and  provisions,  and  all  other  conditions,  limi- 
tations, restrictions  and  provisions,  that  may  hereafter  be  lawfully 
imposed  upon  said  company,  its  lessees,  successors,  operators  or  as- 
signs, that  is  to  say  : 

§ 2.  That  the  right  of  way  hereby  granted  to  the  Danville  and 
Grape  Creek  Railroad  Company,  in,  upon,  over  and  across  the 


280 


Appendix. 


above  mentioned  streets  and  alleys,  in  the  first  section  of  this  ordi- 
nance, is  upon  the  following  conditions:  Said  Danville  and  Grape 
Greek  Railroad  Company  shall  pay  or  cause  to  be  paid,  all  damages 
incurred  by  any  private  property  holder  on  account  of  the  construc- 
tion, maintenance  or  use  of  their  railroad  aforesaid,  in,  upon,  over 
or  across  any  of  the  said  streets  and  alleys  mentioned  and  named  in 
the  first  section  of  this  ordinance,  and  shall  save  and  keep  said  city 
harmless  from  any  and  all  loss,  damages*  suits  or  outlay  of  money 
or  costs  on  account  of  or  by  reason  of  the  construction  or  use  of  said 
railroad  in,  upon  or  across,  any  of  the  above  mentioned  streets  or 
intervening  alleys  by  reason  of  a change  of  the  present  grade  of  the 
aforesaid  streets  and  alleys  crossed  by  said  railroad,  and  for  any 
other  damages  that  may  arise  from  the  construction  of  said  railroad 
in  said  city  of  Danville. 

§ 3.  That  said  Railway  Company  shall  cross  Collett  street  upon 
a bridge  at  the  point  heretofore  designated  in  the  first. section  of  this 
ordinance:  Said  bridge  to  be  erected  and  maintained  at  the  said 
railways  company's  own  expense  and  cost : Which  said  bridge  shall 
have  four  (4)  passage  ways  for  carriages  and  wagons,  each  of  which 
shall  be  not  less  than  twelve  (12)  feet  in  width  with  an  opening 
under  said  bridge  from  the  grade  of  said  street  to  the  bottom  of  the 
sills  of  said  bridge  above  mentioned,  of  not  less  than  twelve  (12) 
feet,  and  a sidewalk  passage  way  on  either  side  of  said  street  under 
said  bridge  of  the  same  height,  and  not  less  than  eight  (8)  feet  wide, 
to  be  erected  and  maintained  by  said  railroad  company  at  its  own 
expense:  The  supports  of  the  aforesaid  bridge  are  to  be  placed 
parallel  with  the  length  of  said  street,  and  said  railroad  company, 
its  lessees  and  assigns,  are  expressly  prohibited  from  encroaching  or 
placing  any  earthwork  or  obstructions  of  any  kind  or  character  in, 
upon  or  along  any  of  the  above  mentioned  streets  and  alleys,  except 
the  supports  of  said  bridge,  and  they,  the  said  supports,  are  not  to 
occupy  a space  in  width  to  exceed  eighteen  (18)  inches  of  anv  one 
of  said  supports.  The  said  railroad  company,  its  lessees,  successors 
and  assigns,  are  expressly  prohibited  from  placing  any  frogs  or 
connections  of  their  main  track  with  any  side  track  in,  upon  or 
across  any  of  the  aforesaid  streets  or  alleys. 

§ 4!  That  said  company  shall  grade  said  streets  and  alleys  over, 
across  and  along  where  their  said  railway  passes,  in  accordance  with 
the  survey  and  profile  hereunto  attached,  marked  Exhibit  “A”  and 
“ B,”  and  made  a part  of  the  fourth  section  of  this  ordinance.  (Orig- 
inal ordinance  with  exhibits  attached  on  file  in  city  clerk's  office.) 
That  said  roadway  of  said  company,  where  the  same  crosses  any  and 


Appendix. 


281 


all  streets  and  alleys  in  said  city,  shall  be  so  graded  that  said  streets 
and  alleys  may  be  entered  and  approached  by  an  easy  grade  as  to 
ingress  and  egress,  both  as  to  carriage-ways  and  sidewalks,  and  also 
on  the  further  condition : That  said  railway  company  shall,  at  its  own 
expense,  build,  maintain  and  keep  in  repair  the  necessary  ditches, 
water-ways,  culverts  or.  other  means  of  conducting  water  along  or 
across  their  said  track  or  tracks,  sufficient  to  discharge  or  carry  off  all 
the  water  that  may  be  brought  to  their  cuts  and  fills  on  said  street  or 
by  other  streets  and  alleys  of  said  city,  and  to  so  construct  their 
embankments  and  cuts  that  such  water  may  be  discharged  without 
injury  or  damage  to  private  property  or  the  streets  and  alleys  of  said 
city  of  Danville,  and  the  city  reserves  the  right  to  discharge  the 
water  off  and  from  any  of  its  streets  and  alleys  into  the  said  railroad 
company’s  ditches  and  water-ways  aforesaid. 

§ 5.  It  shall  be  the  duty  of  said  railroad  company,  in  making 
the  grade  of  its  said  roadway  in,  upon  or  across  the  streets  and 
intervening  alleys  aforesaid,  to  do  so  with  all  practicable  speed,  and 
they  are  at  no  time  to  obstruct  the  streets  of  the  said  city  in  the  con- 
struction of  said  roadway  so  that  wagons,  carriages,  teams  or  foot 
passengers  shall  be  obliged  to  travel  more  than  one  square  to  pass 
any  such  obstruction,  nor  for  a longer  time  than  three  days. 

§ 6.  That  after  said  roadway  shall  have  been  constructed,  and 
said  company,  its  lessees,  successors  or  assigns,  shall  have  begun  to 
operate  its  or  their  said  road  over,  across  and  upon  said  streets  and 
intervening  alleys  within  the  limits  of  said  city,  it  or  they,  at  no  time, 
shall  obstruct  the  crossing  of  any  of  the  said  streets  and  intervening 
alleys,  over,  across  or  along  which  said  railway  line  passes,  by  leaving 
their  engine  or  engines,  car  or  cars,  train  or  trains  standing  on  said 
streets  or  intervening  alleys  for  a longer  period  than  five  minutes  at 
any  one  time,  except  in  case  of  accident  or  other  fortuitous  cause  or 
circumstance. 

§ 7.  That  said  company,  its  lessees,  successors  or  assigns,  shall, 
at  all  times,  be  liable  and  conform  to  all  ordinances  of  said  city  in 
regard  to  the  rate  of  speed  of  moving  trains  and  as  to  signals  on 
crossing  or  other  points,  and  to  all  ordinances  in  relation  to  railroads 
now  oi;  hereafter  to  be  enacted  by  the  city  council  in  relation  to 
railroads. 

§ 8.  That  whenever  the  said  railroad  company  shall  grade  or 
change  the  grade  of  any  of  the  streets  or  alleys  within  the  said  city 
of  Danville,  said  grade  shall  not  be  steeper  than  a rise  of  one  foot  in 
ten,  nor  with  a decline  or  fall  to  the  crossing  of  said  roadway  of  over 


282 


Appendix. 


one  foot  in  ten,  and  all  such  grading  or  changing  of  grades  shall  be 
done  under  the  supervision  of  the  acting  city  engineer  or  his  duly 
authorized  deputy,  and  shall  conform  to  his  plans  and  specifications, 
and  such  grading  or  changing  of  grades  shall  be  done  at  the  expense 
of  said  railroad  company. 

§ 9.  That  the  said  Danville  and  Grape  Creek  Railroad  Com- 
pany shall  enter  into  a bond  in  the  sum  of  one  hundred  thousand 
($100,000)  dollars  to  indemnify  the  said  city  of  Danville  and  all  who 
may  be  damaged  by  reason  ot  the  building,  maintaining  and  oper- 
ating of  said  railroad,  with  good  and  sufficient  surety,  to  be  filed 
with  the  city  clerk  and  approved  by  the  city  council  of  said  city, 
conditioned  for  the  payment  of  any  and  all  costs,  expenses,  fees, 
changes  and  damages,  for  which  the  said  city  of  Danville  may 
become  liable  or  be  held  to  any  person  by  reason  of  any  act  of  said 
railroad  company  in  laying  down  said  track  or  tracks,  or  building 
such  bridge  or  bridges,  or  grading  the  streets  and  intervening  alleys 
aforesaid,  upon,  over  and  across  which  said  railroad  company’s  line 
passes,  and  also  for  the  performing  of  all  other  requirements  of  the 
ordinance  and  all  other  ordinances  pertaining  to  railroads,  or  that 
may  hereafter  be  passed  in  relation  to  railroads  by  the  said  city  of 
Danville,  also  conditioned  that  said  railroad  company  shall  have  first 
obtained  the  right  of  entry  upon  the  premises  of  private  parties 
adjacent  to  such  streets  and  intervening  alleys  as  are  hereby  allowed 
to  be  used  by  said  company,  either  by  agreement  with  such  private 
parties  or  by  process  of  condemnation  under  the  statutes  in  such 
cases  made  and  provided,  and  shall  pay  such  damages  as  may  be  found 
to  be  due  any  private  person  or  persons  before  entering  upon  and 
taking  his  or  their  property. 

§ 10.  That  in  the  event  said  railroad  company,  its  lessees,  suc- 
cessors or  assigns,  shall  fail  or  neglect  or  refuse  to  comply  with  any  or 
either  of  the  terms  or  conditions  above  set  forth,  or  any  part  thereof, 
the  city  council  of  the  city  of  Danville  hereby  reserves  the  right,  and 
may,  without  notice  to  the  said  Danville  and  Grape  Creek  Railroad 
Company,  its  lessees,  successors  or  assigns,  person  or  persons  operating 
said  railroad  track  or  tracks,  revoke  or  repeal  this  ordinance  so  far  as 
the  same  grants  permission  to  use  said  streets  and  intervening  alleys 
mentioned  in  the  first  section  of  this  ordinance,  and  to  require  such 
track  or  tracks  to  be  taken  up  and  removed  from  and  across  said  streets 
and  intervening  alleys  in  said  city  of  Danville. 

§11.  This  ordinance  to  be  in  full  force  and  effect  from  and 
after  its  passage,  approval,  and  of  the  filing  and  approval  of  the  bond 


Appendix. 


283 


required  by  the  ninth  section  of  this  ordinance  by  the  city  council  of 
the  said  city  of  Danville,  Vermilion  county,  Illinois 

Passed  and  approved  this  10th  day  of  April,  A.  D.  1880. 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  Dickason, 

Mayor. 


AN  ORDINANCE 


IN  RELATION  TO  THE  CHICAGO  AND  EASTERN  ILLINOIS  RAILROAD* 

COMPANY  AND  THE  DANVILLE  AND  GRAPE  CREEK  RAILROAD 

COMPANY. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , That 
the  Chicago  and  Eastern  Illinois  Railroad  Company  and  the  Danville 
and  Grape  Creek  Railroad  Company,  their  lessees,  successors  and 
assigns,  are  hereby  authorized  and  permitted  to  construct,  operate  and 
maintain  a single  or  double  railroad  track  and  side-tracks  in,  upon, 
through  and  along  Junction  street  in  said  city,  from  the  Indiana, 
Bloomington  and  W estern  railroad  north  to  the  intersection  of  Col- 
lett street,  and  also  across  such  streets  and  alleys  as  the  line  of  said 
railroads  crosses : However , Upon  the  following  terms  and  conditions, 
limitations  and  restrictions,  and  none  other — that  is  to  say  : 

§ 1.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and 
the  Danville  and  Grape  Creek  Railroad  Company  shall  pay  all 
damages  incurred  by  any  property  holder  on  account  of  the  con- 
struction or  use  of  their  said  railroads  in,  upon,  through  and  along 
said  Junction  street,  or  on  account  of  the  crossing  of  any  streets 
and  alleys  of  said  city,  and  save  and  keep  said  city  harmless  from 
all  loss,  damage,  suits  or  outlays  of  money  or  costs,  on  account  of 
or  b f reason  of  the  construction  or  use  of  the  aforesaid  railroads  in, 
upon,  through  and  along  Junction  street  or  across  the  aforesaid  streets 
and  alleys. 

§ 2.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and 
the  Danville  and  Grape  Creek  Railroad  Company  shall  immediately 
grade  and  fill  said  Junction  street  the  full  width  of  said  street,  and 
up  to  the  level  of  the  grade  of  said  railroad  tracks  from  the  Indiana, 
Bloomington  and  Western  railroad  north  to  the  intersection  of  Col- 


284 


Appendix. 


lett  street,  and  said  railroad  companies,  their  lessees,  successors  and 
assigns,  shall,  at  all  times  hereafter,  repair,  keep  and  maintain  the 
grade  of  said  street  in  its  full  width  up  to  the  level  of  the  grade  of 
said  railroad  tracks. 

§ 3.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and 
the  Danville  and  Grape  Creek  Railroad  Company,  their  lessees, 
successors  or  assigns,  shall,  at  all  times,  conform  to,  comply  with  and 
abide  by  all  ordinances  now  in  force  or  that  may  be  hereafter  enacted 
by  the  city  authorities  for  the  government  of  railroads  within  said 
city,  and  also  comply  with  any  requirements  which  said  city  council 
may  hereafter  enact  under  its  special  charters  or  by  general  laws  of 
the  state  now  in  force  or  hereafter  passed  with  respect  to  said*  Chi- 
cago and  Eastern  Illinois  Railroad  Company  and  the  Danville  and 
Grape  Creek  Railroad  Company  in  particular  or  for  the  government 
of  the  railroads  within  the  city  generally. 

§ 4.  That  in  the  event  that  said  railroad  companies,  their 
lessees,  successors  or  assigns,  shall  fail,  neglect  or  refuse  to  comply 
with  any  or  either  of  the  terms  or  conditions  above  set  forth,  or  any 
part  thereof,  the  city  council  of  the  city  of  Danville  hereby  reserves 
the  right,  and  may,  without  notice  to  any  or  either  of  the  said  com- 
panies or  corporations,  person  or  persons  operating  said  railroad 
track  or  tracks  as  aforesaid,  revoke  or  repeal  this  ordinance  so  far  as 
the  same  grants  permission  to  use  Junction  street  from  the  Indiana, 
Bloomington  and  Western  railroad  north  to  the  intersection  of  Col- 
lett street  for  said  track  or  tracks  as  aforesaid,  or  to  cross  said  streets 
and  alleys, 

This  ordinance  to  take  effect  from  and  after  its  passage  and  due 
publication:  Provided , The  Chicago  and  Eastern  Illinois  Railroad 
Company  open,  or  cause  to  be  opened,  and  dedicate  or  otherwise 
convey  to  the  city  of  Danville  that  portion  of  Section  street  north 
of  the  Evansville,  Terre  Haute  and  Chicago  railroad  to  Fairchild 
street ; also  secure  to  the  city  of  Danville  the  right  of  way  along 
and  across  the  Evansville,  Terre  Haute  and  Chicago  railroad,  and 
the  Indiana,  Bloomington  and  Western  railroad,  the  same  to  begone 
without  any  expense  to  the  city  of  Danville,  and  when  said  Section 
street  is  dedicated  or  deeded  to  the  city,  and  the  right  of  way  over 
the  above  railroads  is  granted  to  the  city,  then  this  ordinance  to  be 
in  full  force  and  effect. 

Passed  and  approved  this  4th  day  of  November,  A.  D.  1880. 

Attest : 

A.  C.  Freeman,  L T.  Dick  a son, 

City  Clerk.  Mayor. 


Appendix. 


AN  ORDINANCE 


TO  ESTABLISH  A PUBLIC  LIBRARY  AND  READING  ROOM. 

§ 1 . Be  it  ordained  by  the  City  Counoil  of  Danville , That  there- 
be  established  and  maintained  in  the  city  of  Danville  a public  library 
and  reading  room,  for  the  use  and  benefit  of  the  inhabitants  of  said 
city. 

§ 2.  That  the  said  public  library  and  reading  room  be  organ- 
ized and  maintained  under  and  in  accordance  with  the  provisions 
of  an  Act  of  the  General  Assembly  of  the  State  of  Illinois,  entitled 
“An  Act  to  authorize  cities,  incorporated  towns  and  townships  to 
dfetablish  and  maintain  free  public  libraries  and  reading  rooms.” 
Approved  and  in  force  March  7,  1872. 

§ 3.  That  the  mayor  of  said  city  shall  proceed  to  appoint  a 
board  of  directors  to  organize  said  library  and  reading  room,  as  by 
law  required. 

Passed  and  approved  this  6th  day  of  July,  A.  D.  1882. 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  Dickason, 

Mayor. 


AN  ORDINANCE 


IN  RELATION  TO  THE  DANVILLE  GAS  LIGHT  COMPANY. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville ,. 
That  the  Danville  Gas  Light  Company,  their  successors,  associates 
and  assigns  are  hereby  authorized  and  empowered  with  full  power 
and  authority  exclusively  to  manufacture,  sell  and  dispose  of  gas,  coke 
and  tar  made  from  any  and  all  of  the  substances  from  which  inflam- 
mable gas,  coke  and  tar  can  be  obtained  and  be  used  for  the  purpose 
of  lighting  the  city  of  Danville  or  the  [streets]  thereof,  and  public 
places  or  houses  therein  contained  and  other  places  in  the  vicinity, 
and  to  erect  and  maintain  all  the  necessary  works  and  apparatus 
therefor. 


286 


Appendix. 


§ 2.  That  said  Danville  Gas  Light  Company  are  hereby  empow- 
ered and  authorized  to  build,  erect  and  maintain  structures,  buildings 
and  apparatus  necessary  or  incident  or  suitable  to  their  convenience, 
within  the  corporate  limits  of  the  city,  and  also  with  full  and  exclusive 
power  and  authority  to  excavate  and  dig  and  lay  pipes,  mains  or 
sub-mains  for  the  purpose  of  conducting  gas  in  any  of  the  streets, 
avenues,  alleys,  highways,  public  grounds,  sidewalks  or  other  public 
places  in  said*  city  or  elsewhere,  with  full  power  and  authority  to 
maintain  the  said  pipes,  mains  and  sub-mains  in  any  of  such  streets, 
•avenues,  alleys,  highways,  public  grounds,  sidewalks  or  other  public 
places  in  said  city  or  elsewhere,  and  to  repair,  remove,  change  or 
re-locate  such  pipes,  mains  or  sub-mains,  and  to  do  the  digging  and 
excavating  instant  [incident]  thereto  at  such  times  and  in  such 
manner  as  said  Danville  Gas  Light  Company  may  deem  proper : 
Provided , always,  that  said  Gas  Light  Company  exercise  the  rights 
and  powers  herein  granted  in  such  manner  as  to  do  no  permanent 
injury  or  damage  to  any  such  streets,  avenues,  alleys,  highways,  public 
grounds,  sidewalks  or  other  public  places  in  said  city,  and  that  after 
they  shall  have  dug  or  excavated  therein,  and  laid,  altered,  changed, 
repaired  or  re-located  any  of  their  pipes,  mains  or  sub-mains  therein, 

' they  shall  restore  the  premises  excavated  or  dug  to  its  former 
condition  without  delay. 

§ 3.  That  the  said  Danville  Gas  Light  Company,  its  successors 
or  asssgns,  shall  not  allow  any  excavation,  ditch  or  trench  more  than 
fifteen  rods  in  length,  in  any  one  street  or  alley  in  the  said  city  of 
Danville,  at  any  one  time,  to  remain  open,  uncovered,  or  in  any 
manner  exposed. 

§4.  That  whenever  the  said  Danville  Gas  Light  Company,,  its 
successors  or  assigns,  shall  dig,  ditch,  trench  or  excavate  any  street 
or  alley  in  the  said  city  of  Danville,  for  the  purposes  of  laying  down 
its  pipes,  mains  or  sub-mains,  or  for  any  purpose  whatever,  it  shall 
be  the  duty  of  the  said  Danville  Gas  Light  Company,  its  successors 
or  assigns,  to  immediately  repair  such  street  or  alley,  and  to  restore 
and  replace  the  same  to  a condition  equal  to  that  in  which  the  same 
previously  existed. 

, § 5.  That  should  the  Danville  Gas  Light  Company,  its  successors 

or  assigns,  suffer  or  permit  any  ditch,  trench  or  excavation  to  remain 
open,  uncovered,  or  in  any  manner  exposed  during  the  night,  the 
same  shall  be  protected  by  a substantial  railing  or  other  barricade, 
and  by  a lighted  lantern  suspended  at  each  end  thereof,  and  that  it 


Appendix. 


287 


shall  be  unlawful  for  any  ditch,  trench  or  excavation  across  or  over 
any  sidewalk  in  the  said  city  of  Danville  to  remain  open  or  in  any 
manner  exposed  during  the  night  time. 

§6.  That  the  manner  in  which  the.  said  Danville  Gas  Light 
Company,  its  successors  and  assigns,  shall  lay  the  pipes,  mains  and 
sub-mains  across  any  of  the  sewers  or  ditches  or  alleys  of  the  said 
city  of  Danville,  shall  be  under  the  direction  of  the  committee  on 
streets  and  alleys  of  the  city  council,  and  of  the  city  engineer  of  the 
said  city  of  Danville. 

§ 7.  That  for  each  violation  of  the  provisions  of  this  ordinance 
by  the  said  Danville  Gas  Light  Company,  its  successors  or  assigns,  or 
by  its  agents,  workmen  or  employees,  the  said  Danville  Gas  Light 
Company,  its  successors  or  assigns,  shall  be  liable  to  and  shall  pay  a 
penalty  of  not  less  than  five  dollars. 

Passed  and  approved  August  11, , 1870. 


AN  ORDINANCE 


AUTHORIZING  THE  CONSTRUCTION  AND  OPERATION  BY  THE  CITIZENS’ 

STREET  RAILWAY  COMPANY  OF  DANVILLE,  ILLINOIS,  OF  STREET 

RAILWAYS  UPON  CERTAIN  STREETS  IN  THE » CITY  OF  DANVILLE. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
That  there  is  hereby  granted  to  the  Citizens’  Street  Railway  Company 
of  Danville,  Illinois,  a corporation  duly  organized  under  the  statutes 
of  the  state  of  Illinois,  its  successors  and  assigns,  the  right  to  build, 
operate  and  maintain  a single  or  double  track  street  railway  with  all 
convenient  turnouts,  turntables,  switches  and  side  tracks,  in  any  or 
all  of  the  following  named  streets  in  said  city  of  Danville,  viz : 
Commencing  at  the  center  of  west  main  street,  at  its  eastern  terminus, 
thence  on  a curve  through  the  public  square  to  the  center  of  north 
Vermilion  street ; also  commencing  at  the  center  of  east  Main  street 
at  its  western  terminus,  thence  on  a curve  through  the  public  square 
to  the  center  of  north  Vermilion  street,  thence  north  on  said 
Vermilion  street  to  the  city  limits.  On  Maxlison  street,  commencing 
at  the  center  of  Vermilion  street  at  the  intersection  thereof  with 
Madison  street,  thence  Avest  on  Madison  street  to  the  w~est  side  of 


288 


Appendix. 


Mill  street.  On  Williams  street,  commencing  at  the  intersection 
thereof  with  Gilbert  street,  thence  on  Williams  street  to  Junction 
Avenue,  thence  north  on  Junction  Avenue  to  the  right  of  way  of 
the  Indiana,  Bloomington  & Western  Railway  Company. 

The  said  Street  Railway  Company  shall  begin  the  construction  of 
said  railway  in  good  faith  Avithin  thirty  days  from  the  passage  of  this 
ordinance,  and  it  shall  be  completed  and  in  operation  on  or  before 
one  year  from  the  passage  of  this  ordinance  : Provided , That  if  said 
company  should  be  delayed  by  the  order  or  injunction  of  any  court  of 
competent  jurisdiction  from -completing  said  raihvay,  the  time  of  said 
delay  shall  be  excluded  from  the  period  herein  prescribed  for  the 
completion  of  the  same : Provided , further , That  the  said  curves 
through  the  public  square  aforesaid,  shall  be  established  under  and  by 
direction  of  the  city  council. 

§ 2.  The  said  company  shall  locate  and  build  its  tracks  as  near 
the  center  of  said  streets  as  possible,  and  shall  build  its  tracks  so 
that  the  top  of  the  rails  shall  be  level  Avith  the  surface  of  the  streets, 
as  they  now  are  or  may  be,  at  the  time  its  tracks  are  so  built,  and 
shall  not  be  less  than  four  foot  gauge,  and  if  any  time  the  city  council 
shall  establish  a grade  on  any  of  said  streets,  or  parts  thereof  upon 
AA’hich  said  tracks  are  built,  or  should  change  the  grade  already 
established,  the  said  company  shall,  at  its  oavu  expense,  raise  or 
lower  its  tracks  so  as  to  conform  to  such  grade. 

§ 3.  The  said  company  shall  either  plank,  gravel,  macadamize 
or  pave  the  said  streets  between  the  rails  of  its  said  tracks,  and  for 
the  distance  of  at  least  one  foot  on  the. outside  of  each  line  of  rail, 
and  shall  thereafter  keep  the  same  in  repair  and  good  condition: 
Provided , That  should  said  city,  at  any  time  during  the  existence  of 
this  grant,  pave  or  macadamize  the  part  of  either  of  said  streets 
occupied  by  said  raihvay  tracks,  the  said  company  shall  likewise  pave- 
or  macadamize  the  part  of  said  streets  betAveen  the  rails  of  its  tracks, 
and  for  a like  distance  on  the  outside  as  aforesaid,  so  as  to  conform 
to  the  balance  of  said  streets. 

§ 4.  The  said  company  shall  also  make  substantial  and  suitable 
conduits  and  gutters  whenever  necessary  to  carry  off  the  Avater  under 
and  along  the  tracks  of  its  road,  and  shall  keep  the  same  in  good 
condition  and  repair. 

§ 5.  The  tracks  of  said  railway  shall  be  so  made  and  maintained 
that  all  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points  with  the  least  obstruction  possible. 


Appendix. 


289 


* 


§ 6.-  All  vehicles  may  pass  over  and  upon  said  tracks,  in  such 
manner  as  shall  not  injure  the  same,  or  obstruct  or  impede  or  delay 
the  movement  or  running  of  cars  thereon.  And  whoever  shall  drive 
any  vehicle  over  and  along  said  tracks  in  such  manner  as  to  injure 
the  same,  or  in  front  of  any  car  thereon  so  as  to  delay  or  hinder  the 
running  of  such  car,  and  shall  neglect  or  refuse  to  drive  off  of  said 
track  when  requested  to  do  so  by  any  officer,  agent  or  employee  of 
said  company,  or  when  notified  to  do  so  by  the  repeated  ringing  of 
the  gong  or  bell  on  such  car,  shall  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars  for  each  offense. 

§ 7.  The  rate  of  fare  on  any  continuous  route  within  the  limits 
of  said  city  shall  not  exceed  five  cents. 

§ 8.  The  right  to  operate  and  maintain  said  street  railway  upon 
said  streets  by  said  company  shall  extend  for  the  period* of  twenty  » 
years  from  the  passage  of  this  ordinance. 

§ 9.  The  city  council  reserves  the  right,  at  any  time  after  the 
expiration  of  ten  years  from  the  passage  of  this  ordinance,  to  order 
and  direct  said  company,  within  a reasonable  time  thereafter,  to 
relay  such  parts  of  the  tracks  of  said  railway  within  the  limits  of 
said  city  with  tram  or  flat  rails,  as  may  be  prescribed  by  said 
council. 

§ JO.  Said  company  shall  save  and  keep  harmless  the  said  city 
from  all  damage  caused  to  any  person  or  property  by  reason  of  the 
building,  maintaining  and  operation  of  its  said  railway,  and  shall 
fully  pay  and  compensate  said  city  for  all  loss  and  damage  it  may 
sustain  by  reason  of  the  said  building,  maintenance  and  operation  of 
said  railway. 

§ 11.  The  building  of  said  street  railway  by  said  company  upon 
said  streets  shall  be  considered  as  an  acceptance  by  said  company  of 
the  conditions  and  provisions  of  this  ordinance. 

This  ordinance  to  be  in  force  after  its  publication  as  provided  by 
law. 

Passed  and  approved  this  July  12th,  1883. 

Attest : 

A.  C.  Freeman,  L.  T.  Dickason, 

[seal.]  City  Clerk.  Mayor. 

I,  Alfred  C.  Freeman,  city  clerk  of  the  city  of  Danville,  Illinois, 
hereby  certify  that  the  foregoing  ordinance  was  published  in  “ The 
Danville  Leader,”  (the  same  being  a newspaper  published  in  said 
city  of  Danville,)  dated  July  20th,  A.  D.  1883. 

A.  C.  Freeman,  City  Clerk. 


19 


290 


Appendix. 


AN  ORDINANCE 


AUTHORIZING  THE  MERCHANTS7  ELECTRIC  LIGHT  AND  POWER 
COMPANY,  OF  DANVILLE,  ILLINOIS,  TO  ERECT  AND  MAINTAIN 
TOWERS,  MASTS,  POLES,  WIRE  AND  MACHINERY  TO  USE  AND 
OPERATE  AN  ELECTRIC  LIGHTING  SYSTEM  ALONG  THE  STREETS, 
ALLEYS,  PUBLIC  WAYS,  AND  UPON  THE  PUBLIC  GROUNDS  IN  THE 
CITY  OF  DANVILLE. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
Illinois , That  the  Merchants7  Electric  Light  and  Power  Company, 
of  Danville,  Illinois,  a body  corporate  under  the  laws  of  Illinois,  be 
and  is  hereby  permitted  to  erect  and  maintain,  for  the  period  of 
ninety-nine  (99)  years  from  the  passage  of  this  ordinance,  upon  the 
streets,  alleys,  public  ways,  and  upon  the  public  grounds  of  said 
city,  and  upon  such  private  ground  as  it  may  have  the  right  to  occupy, 
such  towers,  masts,  poles  or  standards,  and  use  thereon  such  wires, 
cables,  lamps,  devices  or  other  electrical  conductors  as  may  be  nec- 
essary for  the  efficient  operation  of  the  electric  lighting  system : 
Provided , That  all  appliances  and  contrivances  for  such  purpose 
shall  be  so  constructed  and  maintained  as  not  to  unnecessarily  inter- 
fere with  the  public  use  of  any  of  said  streets,  alleys,  ways  or  public 
grounds,  and  not  to  endanger  life  or  injure  private  property ; and 
that  said  wires  and  cables,  so  placed  upon  said  masts,  towers,  poles 
and  standards,  shall  be  at  least  twenty  feet  distant  from  the  surface 
grade  of  said  streets,  alleys,  ways  and  public  grounds;  and,  further, 
that  said  masts,  towers,  poles  and  standards  shall  be  painted  within 
a reasonable  time  after  erection,  and  thereafter  be  kept  painted. 

§ 2.  That  said  company  shall  forever  indemnify  and  hold  harm- 
less the  said  city  of  Danville  against  all  loss  and  damage  any  person 
or  corporation  may  suffer  from  the  acts  of  said  company,  its  agents, 
servants,  employees,  contractors,  attorneys  or  solicitors,  or  which 
may  result,  directly  or  indirectly,  from  the  passage  of  this  ordinance 
and  the  privileges  granted  thereby. 

§ 3.  The  privileges  and  obligations  of  this  ordinance  shall  extend 
to  and  be  binding  upon  the  successors  and  assigns  of  said  Merchants7 
Electric  Light  and  Power  Company. 

§ 4.  Any  person,  not  authorized  by  said  company,  who  shall 
climb  upon  or  in  any  manner  deface  or  injure  any  tower,  mast,  pole? 


Appendix. 


291 


standard,  lamp,  wire,  cable,  or  any  appliance  or  machinery  connected 
with  the  operation  of  said  system  of  lighting,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

§ 5.  This  ordiqance  shall  be  in  force  from  and  after  its  passage. 

Passed  and  approved  this  6th  day  of  March,  A.  D.  1884. 

Attest : 

A.  C.  Freeman,  L.  T.  Dickason, 

City  Clerk.  Mayor. 

The  foregoing  ordinance  was  published  in  “ The  Danville  Leader,” 
(the  same  being  a newspaper  published  in  said  city  of  Danville,) 
dated  Friday,  March  21,  1884. 

A.  C.  Freeman, 

City  Clerk. 


AN  ORDINANCE 


FIXING  THE  HEIGHT  AND  LOCATION  OF  THE  ELECTRIC  LIGHT 
TOWERS  IN  THE  CITY  OF  DANVILLE,  ILLINOIS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  Illinois , 
That  the  six  electric  light  towers  to  be  established  by  the  Merchants* 
Electric  Light  and  Power  Company,  as  heretofore  provided  by  con- 
tract and  ordinance,  shall  be  of  the  height  and  located  as  follows  in 
said  city: 

One  on  the  public  square,  one  hundred  and  twenty-five  feet  high. 

One  on  the  corner  of  Madison  and  Franklin  streets,  one  hundred 
and  twenty-five  feet  high. 

One  on  the  southeast  corner  of  Tinchertown  school  lot,  one  hun- 
dred and  twelve  feet  high. 

One  on  the  southeast  corner  of  Jackson  street  school  lot,  one  hun- 
dred and  twelve  feet  high. 

One  on  the  south  side  of  Seminary  street,  west  of  Danville  and 
Olney  railroad,  on  the  railroad  property,  one  hundred  and  twelve 
feet  high. 


292 


Appendix. 


One  on  the  corner  of  Elizabeth  street  and  Chestnut  street,  one 
hundred  and  twelve  feet  high. 

Passed  and  approved  April  3d,  A.  D.  1884. 


Attest : 

A.  C.  Freeean, 

City  Clerk. 


L.  T.  Dickason, 

Mayor. 


AN  ORDINANCE 


AUTHORIZING  THE  CONSTRUCTION  AND  OPERATION  BY  THE  CITI- 
ZENS’ STREET  RAILWAY  COMPANY,  OF  DANVILLE,  ILLINOIS, 
OF  A STREET  RAILWAY  UPON  MAIN  STREET,  AND  EXTENSIONS 
THEREOF  IN  THE  CITY  OF  DANVILLE,  ILLINOIS. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  there  is  hereby  granted  to  the  Citizens’  Street  Railway  Com- 
pany, of  Danville,  Illinois,  a corporation  duly  organized  under  the 
statutes  of  the  State  of  Illinois,  its  successors  and  assigns,  the  right 
to  build,  operate  and  maintain  a single  or  double  track  street  railway, 
with  all  convenient  turn-outs,  turn-tables,  switches  and  side-tracks, 
in  and  upon  the  following  described  part  of  Main  street  and  Exten- 
sion thereof  in  said  city,  viz:  Commencing  at  the  north  end  of  the 
covered  bridge  over  the  Vermilion  river;  thence  in  a northwesterly 
and  a northeasterly  direction  on  what  was  originally  a state  road, 
called  the  Chicago  and  Vincennes  road,  to  the  west  end  of  Main 
street,  or  the  intersection  thereof  with  Mill  street ; thence  east  on 
Main  street  to  the  city  limits.  The  said  street  railway  company  to 
complete  and  have  in  operation4 said  line  of  railway  within  one  year 
from  the  date  of  the  passage  of  this  ordinance : Provided , That  if 
said  company  should  be  delayed  by  the  order  or  injunction  of  any 
court  of  competent  jurisdiction  from  completing  said  railway,  the 
time  of  said  delay  shall  be  excluded  from  the  period  herein  prescribed 
for  the  completion  of  the  same:  Provided,  further , That  the  track 
across  and  over  the  public  square  shall  be  located  under  and  by 
direction  of  the  city  council. 

§ 2.  The  said  company  shall  locate  and  build  its  tracks  as  near 
the  center  of  said  streets  as  possible,  and  shall  build  its  tracks  so  that 
the  top  of  the  rails  shall  be  level  with  the  surface  of  the  streets,  as 


Appendix. 


293 


they  now  are  or  may  be  at  the  time  its  tracks  are  so  built,  and  shall 
not  be  less  than  four  feet  guage,  and  if  at  any  time  the  city  council 
shall  establish  a grade  on  any  of  said  streets,  or  parts  thereof  upon 
which  said  tracks  are  built,  or  should  change  the  grade  already  estab- 
lished, the  said  company  shall,  at  its  own  expense,  raise  or  lower  its 
tracks  so  as  to  conform  to  such  grade. 

§ 3.  The  said  company  shall  either  plank,  gravel,  macadamize 
or  pave  the  said  streets  between  the  rails  of  its  said  tracks,  and  for 
the  distance  of  at  least  one  foot  on  the  outside  of  each  line  of  rail, 
'and  shall  thereafter  keep  the  same  in  repair  and  good  condition: 
Provided , That  should  said  city,  at  any  time  during  the  existence 
of  this  grant,  pave  or  macadamize  the  part  of  either  of  said  streets 
occupied  by  said  railway  tracks,  the  said  company  shall  likewise 
pave  or  macadamize  the  part  of  said  streets  between  the  rails  of  its 
tracks,  and  for  a like  distance  on  the  outside  as  aforesaid,  so  as  to 
.conform  to  the  balance  of  said  streets. 

i * 

§ 4.  The  said  company  shall  also  make  substantial  and  suitable 
conduits  and  gutters,  whenever  necessary,  to  carry  off  the  water  under 
and  along  the  tracks  of  its  road,  and  shall  keep  the  same  in  good 
condition  and  repair. 

§ 5.  The  tracks  of  said  railway  shall  be  so  made  and  maintained 
that  all  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points  with  the  least  obstruction  possible. 

§ 6.  All  vehicles  may  pass  over  and  upon  said  tracks  in  such 
manner  as  shall  not  injure  the  same,  or  obstruct  or  impede  or  delay 
the  movement  or  running  of  cars  thereon.  And  whoever  shall  drive 
any  vehicle  over  and  along  said  tracks  in  such  manner  as  to  injure 
the  same,  or  in  front  of  any  car  thereon  so  as  to  delay  or  hinder  the 
running  of  such  car,  and  shall  neglect  or  refuse  to  drive  off  of  said 
track  when  requested  to  do  so  by  any  officer,  agent  or  employee  of 
said  company,  or  when  notified  to  do  so  by  the  repeated  ringing  of 
the  gong  or  bell  on  such  car,  shall  be  fined  in  any  sum  not  exceeding 
twenty- five  dollars  for  each  offense. 

§ 7.  The  rate  of  fare  on  any  continuous  route  within  the  limits 
of  said  city  shall  not  exc'eed  five  cents. 

§ 8.  The  right  to  operate  and  maintain  said  street  railway  upon 
said  streets  by  said  company  shall  extend  for  the  period  of  twenty 
years  from  the  passage  of  this  ordinance. 

§ 9.  The  city  council  reserves  the  right,  at  any  time  after  the 
expiration  of  ten  years  from  the  passage  of  this  ordinance,  to  order 


294 


Appendix. 


and  direct  said  company,  within  a reasonable  time  thereafter,  to  relay 
such  parts  of  the  tracks  of  said  railway  within  the  limits  of  said  city 
with  tram  or  flat  rails,  as  may  be  prescribed  by  said  council. 

§ 10.  Said  company  shall  save  and  keep  harmless  the  said  city 
from  all  damage  caused  to  any  person  or  property  by  reason  of  the 
building,  maintaining  and  operation  of  its  said  railway,  and  shall 
fully  pay  aud  compensate  said  city  for  all  loss  and  damage  it  may 
sustain  by  reason  of  the  said  building,  maintenance  and  operation  of 
said  railway. 

§11.  The  building  of  said  street  railway  by  said  company  upon 
said  streets  shall  be  considered  as  an  acceptance  by  said  company  of 
the  conditions  and  provisions  of  this  ordinance. 

This  ordinance  tj  be  in  force  after  its  publication  as  provided  by 
law. 

Passed  and  approved  this  6th  day  of  September,  A.  D.  1883. 

Attest : 

A.  C.  Freeman, 

City  Clerk 

[seal.] 

I,  Alfred  C.  Freeman,  city  clerk  of  the  city  of  Danville,  Illinois,, 
hereby  certify  that  the  foregoing  ordinance  was  published  in  “ The 
Danville  Leader,”  (the  same  being  a newspaper  published  in  said 
city  of  Danville,  Illinois,)  dated  September  14th,  1883. 

A.  C.  Freeman, 

City  Clerk* 


L.  T.  Dickason, 

Mayor. 


AN  ORDINANCE 


IN  RELATION  TO  THE  DANVILLE  GAS,  ELECTRIC  LIGHT  AND  STREET 

RAILWAY  COMPANY,  A CORPORATION,  ORGANIZED  UNDER  THE  LAWS 

OF  THE  STATE  OF  ILLINOIS. 

Whereas,  The  Danville  Gas,  Electric  Light  and  Street  Railway 
Company,  having  presented  its  petitions  to  the  city  council  of  the 
city  of  Danville,  Vermilion  county,  Illinois,  for  a grant  of  consent, 
and  the  right  to  it  and  to  its  successors  and  assigns,  for  the  period 
of  twenty  years,  to  use,  locate,  lay  down,  construct,  maintain  and 
operate  its  road  with  single  or  double  tracks,  and  all  necessary 
siding,  side  tracks  and  other  appurtenances,  for  any  purpose  of  the 
business  and  management  of  its  said  road,  and  the  right  to  propel 
its  cars  thereon  by  electricity  or  other  proper  motive  power,  together 
with  the  right  to  erect  and  maintain  poles  and  over-head  wires,  and 
to  maintain  and  construct  conduits  and  tubes  with  all  necessary 
manholes,  surface  plates,  and  switch  and  sewer  connections  beneath 
the  surface  of  the  streets  and  public  square,  together  with  all  nec- 
essary equipments  in  the  premises  upon  that  part  of  Main  street  in 
the  city  of  Danville,  Illinois,  extending  from  the  west  side  of  Mill 
street  to  the  west  side  of  the  public  square,  and  from  the  east  side 
of  the  public  square  to  the  west  side  of  the  west  track  of  the  Wabash 
railroad,  and  upon  that  part  of  Main  street  extending  east  from  the 
west  side  of  the  Wabash  railroad  to  the  city  limits,  and  upon  the 
said  public  square  from  the  east  and  west  sides  thereof  on  regular 
curves  to  the  north  side  of  said  public  square;  and  upon  that  part 
of  Vermilion  street  in  said  city,  extending  north  from  the  north  side 
of  the  public  square  to  the  city  limits ; and  upon  that  part  of  English 
street,  in  said  city,  extending  from  Vermilion  street  to  a point  (50) 
fifty  feet  east  of  the  entrance  to  the  cemetery;  and  upon  that  part  of 
Williams  street  extending  from  Vermilion  street  to  the  east  side  of 
Junction  Avenue;  and  upon  that  part  of  Junction  Avenue  extend- 
ing from  the  south  side  of  Williams  street  to  the  right  of  way  of  the 
Chicago  and  Eastern  Illinois  Railroad  Company;  and  upon  that  part 
of  Park  street  lying  between  the  south  side  of  Main  street  and  the 
north  side  of  Chestnut  street ; and  upon  that  part  of  Chestnut  street 
lying  between  the  west  side  of  Park  street  and  the  east  side  of  Bu- 
chanan street ; and  upon  that  part  of  Buchanan  street  lying  between 
the  north  side  of  Chestnut  street  and  the  south  side  of  West  street; 
and  upon  that  part  of  West  street  lying  between  the  west  side  of 


296 


Appendix. 


Buchanan  street  and  the  east  side  of  Illinois  street;  and  upon  that 
part  of  Madison  street  lying  between  the  west  side  of  Vermilion 
street  and  the  east  side  of  Mill  street ; and  uptfn  that  part  of  Chand- 
ler street  lying  south  of  Fairchild  street;  and  upon  that  part  of 
Fairchild  street  lying  between  Logan  Avenue  and  Vermilion  street; 
and  at  least  ten  days’  public  notice  of  the  time  and  place  of  present- 
ing such  petitions  having  been  first  given  by  publication  in  the 
Danville  News  and  the  Danville  Commercial,  newspapers  published 
in  said  city  of  Danville.  And  the  owners  of  the  land  representing 
more  than  one  half  of  the.  frontage  of  so  much  of  said  streets  and 
avenues,  respectively  as  is  sought  to  be  used  for  such  street  railroad 
purposes,  and  the  owners  of  the  land  representing  more  than  one 
half  of  the  frontage  of  each  mile,  and  of  the  fraction  of  a mile  in 
excess  of  the  whole  mile  measuring  from  the  initial  point  named  in 
their  petitions,  having  presented  to  the  said  city  council  their 
petition  for  the  consent,  and  grant,  by  said  city  council  to  the 
said  Danville  Gas,  Electric  Light  and  Street  Rahway  Company,  and 
and  to  its  successors  and  assigns,  petitioned  for  by  said  company. 
Therefore, 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville : 
— That  the  right  and  privilege  is  hereby  granted  for  a period  and 
term  of  twenty  years  from  the  passage  of  this  ordinance,  to  the  Dan- 
ville Gas,  Electric  Light  and  Street  Railway  Company,  a corpora- 
tion organized  under  the  laws  of  Illinois,  and  to  its  successors  and 
assigns,  to  locate,  construct,  own,  operate  and  maintain  for  the  term 
of  years  aforesaid  a single  or  double  track  street  railway,  to  be 
operated  by  electricity  or  any  improved  mode  of  propulsion  not  con- 
sidered a public  nuisance;  with  all  proper  and  necessary  turn-outs, 
sidings,  side  tracks,  cross-overs,  switches  and  other  appurtenances 
in,  along  and  upon  the  streets,  grounds  and  bridges  of  said  city  as 
they  now  are  or  may  hereafter  be  made,  and  in,  upon  and  along  the* 
following  named  streets  in  said  city,  to-wit: 

Main  street,  from  the  west  side' of  Mill  street  to  the  west  side  of 
the  public  square  and  from  the  east  side  of  the  public  square  to  the 
city  limits,  and  along  and  upon  the  said  public  square  from  the  east 
and  west  sides  thereof  on  regular  curves  to  the  north  side  of  said 
public  square. 

Vermilion  street,  from  the  north  side  of  the  public  square  north 
to  the  city  limits. 

English  street,  from  Vermilion  street  to  a point  fifty  (50)  feet 
east  of  the  entrance  of  the  cemetery. 


Appendix. 


297 


Williams  street,  from  Vermilion  street  to  the  east  side  of  Junction 
Avenue. 

Junction  Avenue,  from  the  south  side  of  Williams  street  to  the 
right  of  way  of  the  Chicago  and  Eastern  Illinois  Railroad,  in  a 
northerly  direction,  as  far  as  the  street  railway  now  extends. 

* Park  street,  from  the  south  side  of  Main  street  to  the  north  side 
of  Chestnut  street. 

Chestnut  street,  from  the  west  side  of  Park  street  to  the  east  side 
of  Buchanan  street. 

Buchanan  street,  from  the  north  side  of  Chestnut  street  to  the 
south  side  of  West  street. 

West  street,  from  the  west  side  of  Buchanan  street  to  the  east 
side  of  Illinois  street. 

Madison  street,  from  the  west  side  of  Vermilion  street  to  the  east 
side  of  Mill  street. 

Chandler  street,  lying  south  of  Fairchild  street. 

Fairchild  street,  between  Logan  Avenue  and  Vermilion  street,  to 
use,  maintain  and  operate  the  same,  for,  and  in  consideration  of, 
and  subject  to  the  terms,  conditions  and  limitations  hereinafter  des- 
cribed. 

§ 2.  The  said  Street  Railway  may  be  operated  by  the  construction 
of  the  over  head  electric  system  or  any  other  improved  method  of 
propulsion  ; the  wire  of  which  may  be  supported  on  wires  at  right 
angles  to  the  center  line  of  the  street,  or  supported  by  poles  planted 
in  the  sidewalk  on  the  inside  of  the  curb  line,  next  the  gutters  of 
the  street ; the  right  to  plant  and  maintain  these  poles  is  hereby 
granted.  The  gauge  of  all  of  said  tracks  shall  be  what  is  known  as 
“standard  gauge.” 

§ 3 The  track  or  tracks  shall  be  constructed  in  conformity  with 
the  surface  of  said  street  and  public  grounds  existing  at  the  time  of 
its  construction  and  as  the  grades  may  be  thereafter  from  time  to 
time  established  ; the  cross-ties,  frame  work  and  superstructure  shall 
be  imbedded  below  the  surface  of  the  street  and  shall  be  so  con- 
structed as  to  present  the  least  practical  interference  with  the  travel 
and  public  use  of  said  streets  and  public  grounds,  and  the  track  or 
tracks  shall  be  raised  in  such  a manner  as  not  to  interfere  with  the 
free  flow  of  water  in  the  gutters  that  are  now  or  may  hereafter  be 
built  in  said  city,  and  they  shall  keep  the  streets  between  the  rails 
and  one  foot  outside  of  the  track  laid  by  it,  level  with  the  surface  of 
the  street  and  in  good  condition,  so  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  track  at  any  and  all  points,  and  that  said 


I 


Appendix. 


*298 


rails  may  be  laid  not  more  than  one- half  inch  above  the  grade  of  the 
streets  and  public  grounds;  in  all  cases  of  dispute  as  to  the  proper 
condition  or  repair  of  any  such  track  or  tracks  the  decision  of  the 
Mayor,  City  Engineer  and  the  Committee  on  Streets  and  Alleys  of 
said  city  shall  be  final  and  conclusive;  in  case  said  company,  its 
successors  or  assigns  shall  fail  to  make  all  repairs  of  said  track,  side 
track,  switches,  cross-overs,  turn-outs,  or  turn-tables  within  ten  days 
after  written  notice  shall  have  been  served  upon  any  officer  or  em- 
ployee of  said  company,  its  successor  or  assigns,  then  said  city  of 
Danville  may  make  such  repairs  and  charge  the  cost  thereof  upon  the 
property,  franchise  and  right  of  way  of  said  company,  its  successors 
or  assigns. 

§ 4.  Said  company,  its  successors  or  assigns  shall  not  charge  more 
than  five  cents  fare  each  way  for  each  passenger  between  the  termini 
of  paid  street  railway  within  said  city  or  any  fractional  part  thereof;  and 
a proper  and  sufficient  system  of  transfers  from  one  street  to  another 
shall  be  constantly  and  effectively  maintained ; all  cars  shall  stop  at 
the  further  crossing  for  receiving  and  discharging  passengers. 

§ 5.  All  carriages  and  vehicles  shall  have  a full  and  perfect  right 
to  travel  over  and  along  said  tracks  while  not  interfering  with  the 
travel  of  the  cars  thereon ; but  no  person  with  carriage,  vehicle  or 
animal  shall  in  any  manner  willfully  and  purposely  interfere  with 
the  running  of  the  cars  on  said  tracks,  nor  in  any  way  unnecessarily 
injure  any  of  said  tracks  or  delay  any  of  said  cars,  under  a penalty 
of  not  exceeding  one  hundred  dollars  for  each  offense. 

§ 6.  All  poles  erected  in  the  streets  of  said  city  shall  be  straight, 
smooth  and  shapely  and  shall  be  kept  neatly  painted  with  good  paint 
of  a cheerful  color,  provided  said  poles  may  be  painted  black  for  a 
distance  of  eight  feet  from  the  surface  of  the  street. 

§ 7.  No  person  shall  be  permitted  to  disfigure,  mar  or  use  said 
poles  for  the  purpose  of  advertising  anything,  or  for  any  other  pur- 
pose whatever,  without  the  consent  of  said  company  and  the  city 
council  of  said  city ; and  any  person  who  shall  disfigure,  mar,  or  in 
any  manner  interfere  with  said  poles,  or  with  said  wires,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars  for  each  offense. 

§ 8.  The  right  to  operate  said  railway  shall  extend  to  the  full 
period  of  twenty  years  from  the  passage  of  this  ordinance. 

§ 9.  The  consent  and  authority  given  by  this  ordinance  to  the 
Danville  Gas,  Electric  Light  and  Street  Railway  Company,  its  suc- 
cessors or  assigns,  to  construct  and  operate  said  street  railway,  as 


Appendix. 


299 


provided  herein,  is  upon  the  express  condition  that  said  company, 
its  successors  or  assigns,  shall  pay  albdamages  to  owners  of  property 
abutting  upon  the  street,  road,  highway  or  public  grounds  upon  or 
over  which  such  road  is  to  be  constructed,  which  they  may  sustain 
by  reason  of  the  locaction  or  construction  of  the  road  ; the  same  may 
be  ascertained  and  paid  in  the  manner  provided  by  law  for  the  exer- 
cise of  the  right  of  eminent  domain;  and  the  said  company,  its 
successsors  or  assigns,  shall  save  and  keep  harmless  the  said  city  of 
Danville  from  all  damages  which  may  be  caused  by  reason  of  the 
location  or  construction  of  the  road  or  roads. 

§ 10.  That  at  any  time  said  city  shall  improve  any  of  the  streets 
upon  which  said  company,  its  successors  or  assigns,  has  laid  any  of 
its  tracks,  by  paving  the  same,  said  company,  its  successors  or  assigns, 
shall,  at  the  same  time  and  in  the  same  manner,  pave  and  improve 
the  right  of  way  hereby  granted,  at  its  own  expense  : which  paving 
shall  include  the  space  between  the  tracks  of  said  street  railway,  and 
for  the  space  of  one  foot  on  the  outside  of  the  outside  rail  thereof. 

§ 11.  That  at  any  time  said  company,  its  successors  or  assigns, 
shall  lay  any  of  its  tracks  upon  any  street  which  has  theretofore  in 
whole  or  in  part  been  paved  or  improved,  by  specical  tax  upon  the 
property  abutting  upon  such  street  or  part  of  street,  the  said  com- 
pany, its  successors  or  assigns,  shall  pay  to  such  property  holders  as 
have  paid  such  special  tax  an  amount^  equal  to  the  cost  of  paving 
between  the  tracks,  and  for  one  foot  on  the  outside  of  each  line  of 
track  along  the  entire  frontage  owned  by  any  such  property  holder 
along  which  such  street  may  have  been  paved. 

§ 12.  Said  company,  its  successors  or  assigns,  shall  not  at  any 
time  run  their  cars  through  or  otherwise  unnecessarily  disturb  any 
funeral  procession  or  any  public  parade. 

§ 13.  That  said  qompany,  its  successors  or  assigns,  shall  be 
allowed  to  build  and  keep  in  operation  suitable  power  houses  and  car 
houses  with  the  city  limits  of  the  said  city  of  Danville  for  the  opera- 
tion of  their  plant  or  plants : Provided , however , That  such  houses 
shall  conform  to  and  be  built  in  accord  with  any  fire  ordinance  in 
force  in  said  city. 

§ 14.  That  said  company,  its  successors  or  assigns,  are  hereby 
authorized  to  run  its  cars,  for  the  transportation  of  passengers,  over 
and  along  their  said  track  at  a rate  of  speed  not  exceeding  fifteen 
miles  per  hour : Provided , however , That  said  speed  within  the  fire 
limits  of  said  city  shall  not  exceed  ten  miles  per  hour. 


300 


Appendix. 


§ 15.  The  franchise  and  privileges  granted  to  the  said  company, 
its  successors  and  assigns,  are  given  upon  the  express  and  positive 
understanding  and  with  the  distinct  reservation  that  the  right  to  lay 
its  tracks  upon  Vermilion  street  and  Main  street,  as  hereinbefore 
granted,  is  not  exclusive,  but  said  right  is  given  by  the  city  and 
accepted  by  said  company,  its  successors  or  assigns,  upon  condition 
that  any  person,  persons  or  company  who  may  desire  to  lay  a track  or 
tracks  upon  either  of  said  streets,  or  upon  any  part  thereof,  and  operate 
and  run  a line  of  street  cars  thereon,  and  who  shall  be  granted  the 
privilege  and  franchise  so  to  do  by  the  city  council  of  thesaid  city,  may, 
jointly  with  said  company,  its  successors  or  assigns,  use  the  track  or 
tracks,  and  all  wires,  apparatus  and  machinery  necessary  to  propel 
cars  and  operate  a line  of  street  railway  on  said  streets,  or  either  of 
them  or  any  part  thereof,  upon  such  person,  persons  or  company 
paying  to  said  Danville  Gas,  Electric  Light  and  Street  Railway 
Company,  its  successors  or  assigns,  one-half  of  the  cost  of  such  track 
or  tracks,  and  of  all  such  wires,  apparatus  and  machinery  which 
such  person,  persons  or  company  may  desire  to  use  to  propel  their 
cars,  and  also  pay  one-half  of  the  value  of  all  paving  done  by  said 
company  and  its  successors  or  assigns,  which  may  be  in  use  at  the 
time  when  such  person,  persons  or  company  may  begin  to  use  such 
track  or  tracks. 

§ 16.  That  the  said  Danville  Gas,  Electric  Light  and  Street 
Railway  Company  or  its  assigns  shall  begin  work  upon  such  street 
railway  system  within  thirty  days  after  the  passage  of  this  ordinance, 
and  have  a line  of  cars  fully  equipped  and  in  daily  operation  on  all 
lines  covered  by  this  franchise  by  September  1st,  1892,  or  forfeit  all 
rights  and  privileges  granted  by  this  ordinance:  Provided , That  if 
said  company,  its  successors  or  assigns,  shall  be  delayed  by  the  order 
or  injunction  of  any  court  of  competent  jurisdiction  from  completing 
said  lines  of  street  railway,  the  time  of  such  delay  shall  be  excluded 
from  the  time  herein  specified  for  the  completion  of  the  same. 

§ 17.  Said  company,  its  successors  or  assigns,  shall  provide  suffi- 
cient cars  to  run  cars  on  each  and  every  line  or  street  herein  named, 
and  shall  run  such  cars  at  intervals  not  exceeding  one  hour  apart 
each  way  during  each  day;  in  case  cars  shall  be  taken  from  one  line 
and  put  upon  another  line  on  public  days,  said  company,  its  successors 
or  assigns,  shall  run  cars  each  way  upon  every  line  operated  by 
it  during  such  days  at  intervals  not  exceeding  said  space  of  one 
hour,  and  in  case  of  a failure  so  to  do  shall  pay  a fine  of  not  less  than 
twenty  dollars  for  each  offense  : Provided , Nothing  herein  contained 
shall  require  the  payment  of  such  fine  when  said  cars  cannot  be  run 


Appendix. 


301 


by  reason  of  breakdowns,  storms  or  other  unavoidable  cause ; And 
provided,  further , That  nothing  herein  contained  shall  be  so  construed 
as  to  compel  said  company,  its  successors  or  assigns,  to  run  its  cars 
on  Sunday  against  their  will. 

§ 18.  That  said  company  shall  cause  to  be  lighted  and  comfort- 
ably heated  in  the  winter  time  its  cars  on  all  its  lines  operated  under 
this  franchise,  and  shall  have  and  maintain  at  the  end  of  its  cars 
good  and  sufficient  guards. 

§ 19.  The  expense  of  publication  of  this  ordinance  shall  be  borne 
by  the  said  company,  its  successors  or  assigns. 

§ 20.  This  ordinance  to  be  in  full  force  and  effect  from  and  after 
its  passage  and  due  publication. 

Passed  and  approved  this  3d  day  of  July,  A.  D.  1891. 


Attest : 

Joseph  Shatz. 


John  Beard, 

Mayor. 


City  Clerk. 


I,  Joseph  Shatz,  city  clerk  of  the  city  of  Danville,  Illinois,  do 
hereby  certify  that  the  above  and  foregoing  ordinance  was  published 
in  “ The  Danville  Daily  News/7  (a  newspaper  published  in  said 
city  and  state,.)  dated  July  8th,  1891. 


Joseph  Shatz, 

City  Clerk. 


302 


Appendix. 


AN  ORDINANCE 


GRANTING  TO  JAMES  R.  KENDALL  AND  ASSOCIATES,  THEIR  SUC- 
CESSORS OR  ASSIGNS,  CONSENT  AND  THE  RIGHT  TO  USE,  LOCATE, 
LAY  DOWN,  CONSTRUCT,  MAINTAIN  AND  OPERATE  SINGLE  OR 
DOUBLE  TRACKS  AND  ALL  NECESSARY  SIDING,  SIDE  TRACKS,  TURN 
OUTS,  CROSS-OVERS,  SWITCHES  AND  OTHER  APPURTENANCES  UPON 
MAIN  AND  OTHER  STREETS  IN  THE  CITY  OF  DANVILLE,  VERMILION 
COUNTY,  ILLINOIS,  AND  ALSO  THE  RIGHT  TO  ERECT,  USE  AND 
MAINTAIN  POLES  AND  OVER-HEAD  WIRES,  AND  TO  BUILD,  CON- 
STRUCT AND  MAINTAIN  UNDERGROUND  CONDUITS  AND  TUBES 
WITH  ALL  NECESSARY  MANHOLES,  SURFACE  PLATES,  SEWER  AND 
SWITCH  CONNECTIONS  BENEATH  THE  SURFACE  OF  SUCH  STREET, 
FOR  THE  PURPOSE  OF  PROPELLING  CARS  THEREON  BY  ELECTRICITY 
OR  OTHER  PROPER  MOTIVE  POWER,  AND  OPERATING  LINES  OF 
STREET  RAILWAY  IN  SAID  CITY  p AND  ALSO  THE  RIGHT  TO  CON- 
STRUCT AND  MAINTAIN,  WITHIN  THE  LIMITS  OF  SAID  CITY,  FOR  A 
PERIOD  OF  TWENTY  YEARS  FROM  THE  PASSAGE  OF  THIS  ORDI- 
NANCE, ALL  NECESSARY  POLES,  WIRES,  BRACKETS,  LAMPS  AND 
MACHINERY  TO  FURNISH  ELECTRIC  LIGHT  AND  POWER  FOR  PUBLIC 
AND  PRIVATE  USE  IN  THE  SAID  CITY  OF  DANVILLE. 

Whereas,  James  R.  Kendall  having  presented  his  petitions  to  the 
city  council  of  the  city  of  Danville,  V ermilion  county,  Illinois,  for 
grant  of  consent  and  the  right  to  him  and  his  associates,  their 
successors  and  assigns,  for  the  period  of  twenty  years,  to  use,  locate, 
lay  down,  construct,  maintain  and  operate  its  road  with  single  and 
double  tracks,  and  all  necessary  siding,  side  tracks  and  other 
appurtenances,  for  any  purpose  of  the  business  and  management  of 
their  said  road,  and  the  right  to  propel  their  cars  thereon  by 
electricity  or  other  proper  motive  power,  together  with  the  right  to 
erect  and  maintain  poles  and  over-head  wires,  and  to  maintain  and 
construct  conduits  and  tubes  with  all  necessary  man-holes,  surface 
plates,  and  switch  and  sewer  connections  beneath  the  surface  of  the 
streets  and  public  square,  together  with  all  other  necessary  equipments 
in  the  premises  upon  the  part  of  Main  street  in  the  city  of  Danville, 
Illinois,  extending  from  the  west  side  of  Mill  street  east  to  Bowman 
avenue ; upon  the  part  of  Vermilion  street  extending  from  the  city 
limits  south  to  Main  street ; upon  the  part  of  Washington  avenue 


Appendix. 


303 


extending  from  Main  street  north  to  Madison  street ; upon  the  part 
of  Madison  street  extending  from  Washington  avenue  to  Junction 
avenue ; upon  the  part  of  Junction  avenue  extending  from  Madison 
street  to  the  right  of  way  of  the  Cleveland,  Cincinnati,  Chicago  & 
St.  Louis  railroad;  upon  the  part  of  Wellington  street  extending 
from  Junction  avenue  to  Bowman  avenue  ; upon  the  part  of  English 
street  extending  from  Springhill  cemetery  to  Grant  street ; upon  the 
part  of  Grant  street  extending  from  English  street  to  Fairchild 
street;  upon  the  part  of  Fairchild  street  extending  from  Grant 
street  to  Logan  avenue ; upon  the  part  of  Logan  avenue  extending 
from  Fairchild  street  to  Mill  street ; upon  Mill  street  extending 
from  Logan  avenue  to  Madison  street ; upon  the  part  of  Madison 
street  extending  from  Mill  street  to  Vermilion  street;  upon  the  part 
of  College  street  from  Main  street  to  Green  street ; upon  the  part 
of  Green  street  extending  from  College  street  to  Buchanan  street ; 
upon  the  part  of  Buchanan  street  extending  from  Green  street  to 
West  street;  and  upon  the  part  of  West  street  extending  from 
Buchanan  street  to  Douglas  park,  and  at  least  ten  days’  public  notice 
of  the  time  and  place  of  presenting  such  petitions  having  been  first 
given  by  publication  in  the  Danville  Daily  Press,  a newspaper 
published  in  said  city  of  Danville.  And  the  owners  of  the  land 
representing  more  than  one-half  of  the  frontage  of  so  much  of  said 
streets  and  avenues  respectively,  as  is  sought  to  be  used  for  such 
street  railroad  purposes,  and  the  owners  of  land  representing  more 
than  one-half  of  the  frontage  of  each  mile,  and  of  the  fraction  of  a 
mile  in  excess  of  the  whole  mile  measuring  from  the  initial  point 
named  in  their  petitions  having  presented  to  said  city  council  their 
petitions  for  the  consent  and  grant,  by  said  city  council  to  the  said 
James  R.  Kendall  and  associates,  their  successors  or  assigns, 
petitioned  for  by  said  James  R.  Kendall.  Therefore, 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
Tlfat  the  right  and  privilege  is  hereby  granted  for  a period  and  term 
of  twenty  years  from  the  passage  of  this  ordinance  to  James  R. 
Kendall  and  associates,  their  successors  or  assigns  to  locate,  construct, 
own,  operate  and  maintain  for  the  term  of  years  aforesaid,  a single 
or  double  track  street  railway,  to  be  operated  by  electricity  or  any 
improved  mode  of  propulsion,  not  considered  a public  nuisance,  with 
all  proper  and  necessary  turn-outs,  sidings,  side  tracks,  cross-overs, 
switches  and  other  appurtenances  in,  along  and  upon  the  streets, 
grounds  and  bridges  of  said  city  as  they  now  are  or  may  hereafter 
be  made,  and  in,  upon  and  along  the  following  named  streets,  to-wit : 


304 


Appendix. 


Main  street,  from  the  west  side  of  Mill  street  east  to  Bowman 
avenue. 

Vermilion  street,  from  the  city  limits  south  to  Main  street. 

Washington  avenue,  from  Main  street  north  to  Madison  street. 

Madison  street,  from  Washington  avenue  to  Junction  avenue. 

Junction  avenue,  from  Madison  street  to  the  right  of  way  of  the 
Cleveland,  Cincinnati,  Chicago  & St.  Louis  railroad ; Wellington 
street,  from  Junction  avenue  east  to  Bowman  avenue  ; English  street, 
from  Springhill  cemetery  to  Grant  street ; Grant  street  from 
English  street  to  Fairchild 'street ; Fairchild  street,  from  Grant  street 
to  Logan  avenue  ; Logan  avenue,  from  Fairchild  street  to  Mill 
street ; Mill  street,  from  Logan  avenue  to  Madison  street ; Madison 
street  from  Mill  street  to  Vermilion  street ; College  street  from  Main 
street  to  Green  street ; Green  street  from  College  street  to  Buchanan 
street;  Buchanan  street  from  Green  street  to  West  street;  West 
street  from  Buchanan  street  to  Douglas  park  ; as  they  now  are  or 
may  hereafter  be  made ; and  to  use,  maintain  and  operate  the  same, 
for,  and  in  consideration  of,  and  subject  to  the  terms,  conditions  and 
limitations  hereinafter  prescribed. 

§ 2.  The  said  street  railway  may  be  operated  by  the  construction 
of  the  over-head  electric  system  or  any  other  improved  method  of 
propulsion ; the  wire  of  which  may  be  supported  on  wires  at  right 
angles  to  the  center  line  of  the  street,  or  supported  by  poles  planted 
in  the  sidewalk  on  the  inside  of  the  curb  line,  next  the  gutters  of 
the  street;  the  right  to  plant  and  maintain  these  poles  is  hereby 
granted.  The  gauge  of  all  of  said  tracks  shall  be  what  is  known  as 
“standard  gauge.” 

§ 3.  The  track  or  tracks  shall  be  constructed  in  conformity  with 
the  surface  of  said  street  and  public  grounds  existing  at  the  time  of 
its  construction  and  as  the  grades  may  be  thereafter  from  time  to 
time  established  ; the  cross-ties,  frame-work  and  superstructure 
shall  be  imbedded  below  the  surface  of  the  street  and  shall  be  so 
constructed  as  to  present  the  least  practical  interference  with  the 
travel  and  public  use  of  said  streets  and  public  grounds,  and  the 
track  or  tracks, shall  be  raised  in  such  a manner  as  not  to  interfere 
with  the  free  flow  of  water  in  the  gutters  that  are  now  or  may  here- 
after be  built  in  said  city,  and  they  shall  keep  the  streets  between 
the  rails,  and  one  foot  outside  of  the  track  laid  by  it,  level  with  the 
surface  of  the  street,  and  in  good  condition,  so  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  said  track  at  any  and  all 
points,  and  that  said  rails  may  be  laid  not  more  than  one-half  inch 


Appendix. 


305 


above  the  grade  of  the  streets  and  public  grounds ; in  all  cases  of 
dispute  as  to  the  proper  condition  or  repair  of  any  such  track  or 
tracks  the  decision  of  the  mayor,  city  engineer  and  the  committee 
on  streets  and  alleys  of  said  city  shall  be  final  and  conclusive;  in 
case  said  James  R.  Kendall  and  associates,  their  successors  or  assigns, 
shall  fail  to  make  all  repairs  of  said  tracks,  side-track,  switches,  cross- 
overs, turn-outs,  or  turn-tables  within  ten  days  after  written  notice 
shall  have  been  served  upon  any  officer  or  employee  of  said  James 
R.  Kendall  and  associates,  their  successors  or  assigns,  then  said  city  of 
Danville  may  make  said  repairs  and  charge  the  cost  thereof  upon  the 
property,  franchise  and  right  of  way  of  said  James  R.  Kendall  and 
associates,  their  successors  or  assigns. 

§ 4.  Said  James  R.  Kendall  and  associates,  their  successors  or 
assigns  shall  not  charge  more  than  five  cents  fare  each  way  for  each 
passenger  between  the  termini  of  said  street  railway  within  said  city  or 
any  fractional  part  thereof;  and  a proper  and  sufficient  system  of 
transfers  from  one  street  to  another  shall  be  constantly  and  effectively 
maintained ; all  cars  shall  stop  at  the  further  crossing  for  receiving 
and  discharging  passengers. 

§ 5.  All  carriages  and  vehicles  shall  have  a full  and  perfect  right 
to  travel  over  and  along  said  tracks  while  not  interfering  with  the 
travel  of  the  cars  thereon ; but  no  person  with  carriage,  vehicle  or 
animal  shall  in  any  manner  willfully  and  purposely  interfere  with 
the  running  of  the  cars  on  said  tracks,  nor  in  any  way  unnecessarily 
injure  any  of  said  tracks  or  delay  any  of  said  cars,  under  a penalty 
of  not  exceeding  one  hundred  dollars  for  each  offense. 

§ 6.  All  poles  erected  in  the  streets  of  said  city  shall  be  straight, 
smooth  and  shapely  and  shall  be  kept  neatly  painted  with  good  paint 
of  a cheerful  color,  provided  said  poles  may  be  painted  black  for  a 
distance  of  eight  feet  from  the  surface  of  the  street. 

§ 7.  No  person  shall  be  permitted  to  disfigure,  mar  or  use  said 
poles  for  the  purpose  of  advertising  anything,  or  for  any  other  pur- 
pose whatever,  without  the  consent  of  said  company  and  the  city 
council  of  said  city;  and  any  person  who  shall  disfigure,  mar,  or  in 
any  manner  interfere  with  said  poles,  or  with  said  wires,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars  for  each  offense. 

§ 8.  The  right  to  operate  said  railway  shall  extend  to  the  full 
period  of  twenty  years  from  the  passage  of  this  ordinance. 

§ 9.  The  consent  and  authority  given  by  this  ordinance  to  James 
R.  Kendall  and  associates,  their  successors  or  assigns,  to  construct 
20 


306 


Appendix. 


and  operate  said  street  railway,  as  provided  herein,  is  upon  the 
express  condition  that  said  James  R.  Kendall  and  associates,  their 
successors  or  assigns,  shall  pay  all  damages  to  owners  of  property 
abutting  upon  the  street,  road,  highway  or  public  grounds -upon  or 
over  which  such  road  is  to  be  constructed,  which  they  may  sustain 
by  reason  of  the  location  or  construction  of  the  road ; the  same  to 
be  ascertained  and  paid  in  the  manner  provided  by  law  for  the  exer- 
cise of  the  right  of  eminent  domain ; and  the  said  James  R.  Kendall 
and  associates,  their  successsors  and  assigns,  shall  save  and  keep 
harmless  the  said  city  of  Danville  from  all  damages  which  may  be 
caused  by  reason  of  the  location  or  construction  of  the  road  or  roads. 

§ 10.  That  at  any  time  said  city  shall  improve  any  of  the  streets 
upon  which  said  James  R.  Kendall  and  associates,  their  successors 
or  assigns,  have  laid  any  of  their  tracks,  by  paving  the  same,  said 
James  R.  Kendall  and  associates,  their  successors  or  assigns,  shall, 
at  the  same  time  and  in  the  same  manner,  pave  and  improve  the 
right  of  way  hereby  granted,  at  their  own  expense  ; which  paving 
shall  include  the  space  between  the  tracks  of  said  street  railway,  and 
for  the  space  of  one  foot  on  the  outside*of  the  outside  rail* thereof. 

§ 11.  That  at  any  time  said  James  R.  Kendall  and  associates, 
their  successors  or  assigns,  shall  lay  any  of  their  tracks  upon  any 
street  which  has  theretofore  in  whole  or  in  part  been  paved  or  im- 
proved, by  specical  tax  upon  the  property  abutting  upon  such  street 
or  part  of  street,  the  said  James  R.  Kendall  and  associates,  their 
successors  or  assigns,  shall  pay  to  such  property  holders  as  have  paid 
such  special  tax  an  amount  equal  to  the  cost  of  paving  between  the 
tracks,  and  for  one  foot  on  the  outside  of  each  line  of  track  along 
the  entire  frontage  owned  by  any  such  property  holder  along  which 
such  street  may  have  been  paved. 

§ 12.  Said  James  R.  Kendall  and  associates,  their  successors  or 
assigns,  shall  not  at  any  time  run  their  cars  through  or  otherwise 
unnecessarily  disturb  any  funeral  procession  or  any  public  parade. 

§ 13.  That  said  James  R.  Kendall  and  associates,  their  successors 
or  assigns,  shall  be  allowed  to  build  and  keep  in  operation  suitable 
power  houses  and  car  houses  within  the  city  limits  of  the  said  city  of 
Danville  for  the  operation  of  their  pl^nt  or  plants:  Provided , how- 
ever, That  such  houses  shall  conform  to  and  be  built  in  accord  with 
any  fire  ordinance  in  force  in  said  city. 

§ 14.  That  said  James  R.  Kendall  and  associates,  their  successors 
or  assigns,  are  hereby  authorized  to  run  their  cars,  for  the  transporta- 
tion of  passengers,  over  and  along  their  said  track  at  a rate  of  speed 


Appendix. 


307 

not  exceeding  fifteen  miles  per  hour:  Provided , however , That  such 
speed  within  the  fire  limits  of  said  city  shall  not  exceed  ten  miles 
per  hour. 

§ 15.  The  franchise  and  privileges  granted  to  the  said  James  R. 
Kendall  and  associates,  their  successors  and  assigns,  are  given  upon 
the  express  and  positive  understanding  and  with  the  distinct  reserva- 
tion that  the  right  to  lay  their  tracks  upon  Vermilion  street  and 
Main  street,  as  hereinbefore  granted,  is  nqt  exclusive,  but  said  right 
is  given  by  the  city  and  accepted  by  said  James  R.  Kendall  and 
associates,  their  successors  and  assigns,  upon  condition  that  any  person, 
persons  or  company  who  may  desire  to  lay  a track  or  tracks  upon 
either  of  said  streets,  or  upon  any  part  thereof,  and  operate  and  run  a 
line  of  street  cars  thereon,  and  who  shall  be  granted  the  privilege 
and  franchise  so  to  do  by  the  city  council  of  the  said  city,  may,  jointly 
with  said  James  R.  Kendall  and  associates,  their  successors  and  assigns, 
use  the  track  or  tracks,  and  all  wires,  apparatus  and  machinery  nec- 
essary to  propel  cars  and  operate  a line  of  street  railway  on  said 
streets,  or  either  of  them  or  any  part  thereof,  upon  such  person, 
persons  or  company  paying  to  said  James  R.  Kendall  and  associates, 
their  successors  or  assigns,  one-half  of  the  cost  of  such  track  or 
tracks,  and  of  all  such  wires,  apparatus  and  machinery  which 
such  person,  persons  or  company  may  desire  to  use  to  propel  their 
cars,  and  also  pay  one-half  of  the  value  of  all  paving  done  by  said 
James  R.  Kendall  and  associates,  their  successors  or  assigns,  which 
may  be  in  use  at  the  time  when  such  person,  persons  or  company 
may  begin  to  use  such  track  or  tracks. 

§ 16.  The  said  James  R.  Kendall  and  associates,  their  successors 
or  assigns  shall  begin  work  upon  such  street  railway  system  within 
a reasonable  time  after  the  passage  of  this  ordinance,  and  have  a line 
of  cars  fully  equipped  and  in  daily  operation  to  the  Junction;  to 
Douglas  Park  ; to  Lincoln  Park;  to  Springhill  Cemetery,  and  to  the 
east  city  limits  on  Main  street  by  September  1st,  1892,  or  forfeit  all 
rights  and  privileges  granted  by  this  ordinance:  Provided , That  if 
said  James  R.  Kendall  and  associates,  their  successors  or  assigns, 
shall  be  delayed  by  the  order  or  injunction  of  any  court  of  competent 
jurisdiction  from  completing  lines  of  street  railway  to  said  places, 
the  time  of  such  delay  shall  be  excluded  from  the  time  herein  specified 
for  the  completion,  of  the  same. 

§ 17.  Said  James  R.  Kendall  and  associates,  their  successors  or 
assigns,  shall  provide  sufficient  cars  to  run  cars  on  each  and  every 
line  or  street  herein  named,  and  shall  run  such  cars  at  intervals  not 
exceeding  one  hour  apart  each  way  during  each  day;  in  case  cars 


308 


Appendix. 


shall  be  taken  from  one  line  and  put  upon  another  line  on  public  days, 
said  James  R.  Kendall  and  associates,  their  successors  or  assigns,, 
shall  run  cars  each  way  upon  every  line  operated  by  them  during 
such  days  at  intervals  not  exceeding  said  space  of  one  hour,  and 
in  case  of  a failure  so  to  do  shall  pay  a fine  of  not  less  than  twenty 
dollars  for  each  offense : Provided , Nothing  herein  contained  shall 
require  the  payment  of  such  fine  when  said  cars  cannot  be  run  by 
reason  of  breakdowns,  storms  or  other  unavoidable  cause;  And 
provided,  further , That  nothing  herein  contained  shall  be  so  construed 
as  to  compel  said  James  R.  Kendall  and  associates,  their  successors 
or  assigns,  to  run  their  cars  on  Sunday  against  their  will. 

§ 18.  Be  it  further  ordained,  That  the  right  and  privilege  is 
hereby  also  granted  to  the  said  James  R.  Kendall  and  associates, 
their  successors  or  assigns,  to  construct,  operate  and  maintain  within 
the  limits  of  said  city,  as  they  now  are  or  may  hereafter  be  made, 
for  a period  of  twenty  years  from  the  passage  of  this  ordinance,  all 
the  necessary  poles,  wires,  brackets,  lamps  and  machinery  to  furnish 
electric  light  and  power  for  public  and  private  use  in  the  said  city  of 
Danville,  Illinois,  subject  to  such  reasonable  regulations  as  the  said 
city  council  may  from  time  to  time  provide. 

§ 19.  The  expense  of  publication  of  this  ordinance  shall  be  borne 
by  the  said  James  R.  Kendall  and  associates,  their  successors  or 
assigns. 

§ 20.  This  ordinance  to  be  in  full  force  and  effect  from  and  after 
its  passage  and  due  publication. 

Passed  and  approved  this  2d  day  of  July,  1891. 

Attest : 

Joseph  Shatz,  John  Beard, 

City  Clerk.  Mayor. 


Appendix. 


309 


AN  ORDINANCE 

Granting  the  right  of  way  over  and  along  the  streets, 

AVENUES,  ALLEYS  AND  PUBLIC  GROUNDS  OF  THE  CITY  OF 

DANVILLE,  VERMILION  COUNTY,  STATE  OF  ILLINOIS,  TO  J.  R. 

KENDALL,  OF  TERRE  HAUTE,  INDIANA,  AND  WILL  BECKWITH, 

OF  SAID  CITY  OF  DANVILLE,  THEIR  ASSOCIATES,  SUCCESSORS 

OR  ASSIGNS  TO  LAY  GAS  MAINS  AND  PIPES  AND  MAINTAIN  AND 

OPERATE  GAS  WORKS  IN  SAID  CITY  OF  DANVILLE. 

'§  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
That  J.  R.  Kendall  of  Terre  Haute,  Indiana,  and  Will  Beckwith 
of  Danville,  Illinois,  their  associates,  successors  and  assigns,  are 
hereby  authorized  and  empowered  with  full  power  and  authority  to 
manufacture,  sell  and  dispose  of  gas,  coke  and  tar  in  the  city  of 
Danville  and  its  vicinity,  and  to  erect  and  maintain  all  the  necessary 
works  and  apparatus  therefor. 

§ 2.  That  J.  R.  Kendall  and  Will  Beckwith,  as  aforesaid,  th’eir 
associates,  successors  and  assigns  subject  to  the  restrictions  hereinafter 
contained  are  hereby  granted  the  right  of  way  over,  along,  through 
and  under  the  streets,  avenues,  alleys  and  public  grounds  of  the  said 
city  of  Danville  for  the  purpose  of  laying  their  pipes  under  the 
supervision  of  the  city  engineer  of  said  city  of  Danville,  with  the 
right  to  pipe,  carry,  convey  and  discharge  gas  or  oil  through  their 
mains  and  pipes  and  to  maintain  the  said  mains  and  pipes  or 
sub-mains  in  any  of  such  streets,  avenues,  alleys  and  public  grounds 
in . said  city  or  elsewhere,  and  to  repair,  remove  or  relocate  such 
pipes,  mains  or  sub-mains,  and  to  do  the  digging  and  excavating 
incident  thereto  at  such  times  and  in  such  manner  as  the  said  J.  R. 
Kendall  and  Will  Beckwith,  their  associates,  successors  and  assigns 
may  deem  proper : Provided , always , that  said  J.  R.  Kendall  and 
Will  Beckwith,  their  associates,  successors  and  assigns  shall  exercise 
the  rights  and  powers  herein  granted  so  as  to  do  no  permanent  damages 
to  said  streets,  alleys  or  public  grounds  so  excavated,  and  after  said 
mains,  pipes  or  sub-mains  shall  have  been  located  or  changed  they 
shall  restore  the  premises  excavated  or  dug  to  their  former  condition. 

§ 3.  The  said  J.  R.  Kendall  and  Will  Beckwith,  their  associates, 
successors  and  assigns  shall,  before  proceeding  under  section  two  (2) 
of  this  ordinance,  execute  to  the  city  of  Danville  a bond  signed  by 


310 


Appendix. 


at  least  two  resident  freeholders,  in  the  penal  sum  of  ten  thousand 
dollars  ($10,000)  to  hold  the  city  of  Danville  harmless  from  any 
injury  to  any  person,  or  the  property  of  any  person,  company  or 
corporation,  which  may  result  from  the  negligence  of  the  said  J.  R. 
Kendall  and  Will  Beckwith,  their  associates,  successors,  employes 
and  assigns  while  performing  the  work  of  laying  the  pipes,  and  also 
to  hold  and  keep  the  city  of  Danville  harmless  from  all  loss  or 
expense  caused  by  excavating  said  streets,  alleys,  avenues>  or  public- 
grounds,  or  in  filling  or  restoring  the  same  to  the  condition  in  which 
such  streets,  alleys,  avenues  and  public  grounds  were  in  before  such 
excavations  were  made. 

§ 4.  That  during  the  laying  of  said  pipes  the  said  J.  R.  Kendall 
and  Will  Beckwith,  their  associates,  successors  and  assigns,  shall  not 
unnecessarily  obstruct  the  streets,  avenues,  alleys  or  public  grounds- 
of  said  city,  and  mot  more  than  three  hundred  (300)  feet  of' any 
street,  avenue  or  alley,  shall  be  obstructed  at  any  on'e  time  by  said 
J.  R.  Kendall,  Will  Beckwith,  their  associates,  successors  and  assigns, 
and  that  the  said  J.  R.  Kendall  and  Will  Beckwith,  their  associates, 
successors  and  assigns,  shall  restore  such  streets,  avenues,  alleys  or 
public  grounds  in  as  good  and  like  condition  as  before  the  same  was 
commenced.  In  case  dispute  arises  between  the  city  engineer  of 
said  city  and  said  J.  R.  Kendall  and  Will  Beckwith,  their  associates, 
successors  and  assigns,  as  to  the  sufficiency  of  the  restoration  of  such 
streets,  avenues,  alleys  and  public  grounds  to  their  former  condition, 
the  said  dispute  shall  be  referred  to  the  mayor  of  said  city,  whose 
decision  in  the  matter  shall  be  final. 

§ 5.  That  the  rights  and  privileges  herein  granted  are  not  to  be 
construed  to  interfere  with  or  abridge  the  rights  or  privileges  of  any 
person  or  any  corporation  or  company  here  before  granted  by  'the 
city  or  which  may  hereafter  be  granted  while  in  the  lawful  exercise 
of  the  same. 

§ 6.  That  the  rights  and  privileges  herein  granted  are  subject  to 
such  sanitary  and  police  regulations  and  control,  as  the  council  may 
deem  just  and  proper. 

§ 7.  That  the  right  and  privilege  to  lay  said  gas  mains  and  pipes 
upon  the  streets  of  said  city  shall  not  apply  to  those  streets  which 
have  been  paved  with  brick,  or  those  streets,  except  Main  street, 
which  are  now  in  process  of  being  paved ; Provided , however , that 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  said 
persons,  their  associates,  successors  or  assigns,  from  crossing  said 


Appendix. 


311 


paved  streets  with  their  mains,  wherever  it  is  necessary  to  so  cross 
the:  same. 

§ 8.  The  rights,  privileges  and  franchises  hereby  granted  are 
given  upon  the  express  and  positive  condition  that  said  J.  R.  Kendall 
and  Will  Beckwith,  their  associates,  successors  or  assigns,  shall  never 
charge  any  consumer  of  gas  more  than  at  the  rate  of  one  dollar  per 
one  thousand  cubic  feet  of  gas  consumed. 

§ 9.  That  the  manner  in  which  the  said  J.  R.  Kendall  and  Will 
Beckwith,  their  associates,  successors  and  assigns,  shall  lay  the  mains, 
sub-mains  and  gas  pipes  across  any  of  the  sewers,  ditches,  streets  or 
alleys  of  said  city  of  Danville,  shall  be  under  the  direction  of  the 
city  engineer  of  said  city.  So  far  as  practicable  all  such  mains, 
sub-mains  and  gas  pipes  shall  be  laid  in  the  alleys  of  the  said  city 
of  Danville  and  not  in  the  streets  of  said  city. 

§ 10.  The  rights,  privileges  and  franchises  by  this  ordinance  are. 
given  upon  the  express  condition  that  said  J.mR.  Kendall  and  Will 
Beckwith,  their  associates,  successors  and  assigns  shall  within  sixty 
days  from  the  approval  of  this  ordinance  notify  the  city  clerk  of 
their  acceptance  of  the  provisions  of  this  ordinance  and  shall, 
within  said  time,  actually  begin  work  upon  the  gas  works,  apparatus 
or  the  work  of  laying  the  mains,  sub-mains  or  gas  pipe  which  may 
be  required  to  operate  a system  of  gas  works. 

§11.  That  for  each  violation  of  the  provisions  of  this  ordinance 
by  the  said  J.  R.  Kendall  and  Will  Beckwith,  their  associates, 
successors  and  assigns  or  any  or  either  of  them,  or  by  their  agents, 
servants,  workmen  or  employes,  the  said  J.  R.  Kendall  and  Will 
Beckwith,  their  associates,  successors  or  assigns  or  any  or  either  of 
them,  shall  be  liable  to  and  shall  pay  a fine  or  penalty  of  not  less 
than  twenty  dollars. 

§ 12.  This- ordinance  shall  be  in  force  from  and  after  its  passage 
and  due  publication. 

Passed  and  approved  this  the  28th  of  May,  A.  D.  1891. 

Attest : 

Joseph  Shatz,  City  Clerk.  John  Beard,  Mayor. 

The  foregoing  ordinance  was  published  in  “ The  Danville  Daily 
Press,”  (the  same  being  a newspaper  published  in  Danville,  Illinois,) 
dated  May  30,  1891. 


Joseph  Siiatz,  City  Clerk. 


312 


Appendix. 


AN  ORDINANCE 


PROVIDING  FOR  A SUPPLY  OF  WATER  TO  THE  CITY  OF  DANVILLE 
AND  ITS  INHABITANTS;  AUTHORIZING  THE  DANVILLE  WATER 
COMPANY  TO  CONSTRUCT  AND  MAINTAIN  WATER  WORKS  ; CON- 
TRACTING WITH  SAID  COMPANY  FOR  A SUPPLY  OF  WATER  FOR 
PUBLIC  USE,  AND  GIVING  SAID  CITY  AN  OPTION  TO  PURCHASE 
SAID  WORKS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  in 
manner  following — that  is  to  say : 

§ 1.  The  privilege  is  hereby  granted  to  the  Danville  Water 
Company,  a corporation  duly  organized  and  existing  under  the  laws 
of  the  State  of  Illinois,  and  to  its  successors  and  assigns,  for  thirty 
years  from  the  passage  of  this  ordinance,  to  construct  and  maintain 
within  and  near  the  city  of  Danville,  water  works  for  supplying 
the  said  city  and  the  inhabitants  thereof  and  of  the  adjacent  munic- 
ipalities and  territory  with  water  for  public  and  private  uses,  and 
to  use  the  streets,  aljeys,  sidewalks  and  public  grounds,  and  the 
rivers,  streams  and  bridges  of  the  city  of  Danville,  within  its  present 
and  future  corporate  limits,  for  placing,  taking  up  and  repairing 
mains,  hydrants  and  other  structures  and  devices  requisite  for  the 
service  of  water. 

§ 2.  The  source  of  water  supply  shall  be  the  North  Fork  of  the 
Vermilion  river  at  a point  above  the  present  sewage  of  the  city  of 
Danville,  north  of  Fairchild  street.  The  pump  house  shall  be  of  stone 
or  brick,  of  ample  size  to  accommodate  the  machinery  of  the  said 
water  company,  and  there  shall  be  two  pumping  engines  of  modern 
and  appropriate  style  and  good  efficiency,  having  an  aggregate  pump- 
ing capacity  of  four  million  gallons  of  water  in  twenty-four  hours. 
There  shall  be  a stand-pipe  as  part  of  the  water  works  system,  not 
less  than  one  hundred  and  fifty  feet  high.  All  the  mains  used  in 
the  said  construction  shall  be  tested  at  their  place  of  manufacture, 
before  being  laid,  under  a pressure  of  three  hundred  pounds  to  the 
square  inch,  and  they  shall  be  of  suitable  size  to  furnish  an  abundant 
supply  of  water  for  present  and  future  requirements.  The  fire 
hydrants  rented  by  said  city,  as  hereinafter  stated,  shall  be  of  modern 
and  appropriate  style  and  good  efficiency,  with  frost  jacket,  and  with 
double  delivery, fitted  to  connect  with  the  hose  coupling  now  in  use 
by  the  fire  department  of  said  city.  Written  notice  being  given  by 


Appendix. 


313 


said  company  to  said  city  of  Danville,  there  shall  be  a test  of  the 
power  and  capacity  of  said  water  works  on  their  completion,  when 
they1  shall  throw  from  separate  hydrants  in  the  business  portion  of 
said  city  six  simultaneous  fire  streams  through  a fifty-feet  section  of 
hose  and  a one-inch  nozzle,  to  a height  of  one  hundred  feet,  and 
when  they  shall  throw  at  another  time  from  separate  hydrants  in 
other  portions  of  the  said  city  four  simultaneous  effective  fire  streams. 

§ 3.  The  said  water  company  shall  commence  in  good  faith  the 
construction  of  said  water  works  within  sixty  days  from  the  passage 
and  approval  of  this  ordinance,  and  shall  have  in  successful  opera- 
tion at  least  eight  miles  of  water  mains  in  said  city  in  the  month  of 
September,  in  the  year  1883,  and  shall  have  the  said  works  fully 
completed,  with  ten  miles  of  water  mains  in  said  city,  in  the  month 
of  December,  in  the  year  1883.  The  lines  of  water  mains  shall  be 
so  located  and  laid  as  to  afford  fire  protection  to  the  several  wards, 
there  being  no  less  than  one  mile  of  mains  in  each  ward. 

§ 4.  All  mains  shall  be  so  located  and  laid  as  not  to  interfere 
unnecessarily  with  any  pipes,  mains,  conduits  and  sewers  existing  at 
the  time  of  such  location  and  laying.  There  shall  be  no  unreasonable 
or  unnecessary  obstruction  of  the  streets,  alleys,  sidewalks  or  public 
grounds  of  the  said  city  by  said  water  company  in  constructing  the 
said  works  or  in  placing,  taking  up  or  repairing  any  mains,  hydrants 
or  other  structures  or  devices  requisite  for  the  service  of  water,  and 
the  said  water  company,  after  using  the  said  streets,  alleys,  sidewalks 
and  public  grounds,  shall  restore  them,  within  a reasonable  time,  as 
nearly  as  practicable  to  their  former  condition,  and  shall  hold  the 
said  city  harmless  from  any  and  all  damages  arising  from  negligence 
or  mismanagement  of  said  wat$r  company  or  its  employees  in  con- 
structing, extending  or  operating  said  works.  In  all  street  excavations 
the  said  water  company  shall  keep  red  danger  lights  burning  at  night 
along  the  line  of  the  same,  at  least  one  light  to  every  one  hundred 
and  fifty  feet,  and  shall  erect  and  maintain  sufficient  barricades  at 
the  ends  of  said  excavations  and  at  all  streets  and  alleys  where  they 
cross  said  excavations.  If  the  said  city  shall  change  the  surface  of 
any  street  or  alley  in  which  the  said  water  company  shall  have  laid  a 
main,  and  if  such  change  shall  exceed  one  foot,  and  if  the  said  water 
company  shall  relay  its  said  main  on  account  of  such  change,  then 
the  said  city  shall  reimburse  to  the  said  water  company  the  actual 
cost  thereof. 

§ 5.  If  at  any  time  it  shall  appear  that  the  said  water  company, 
by  extending  its  mains,  will  derive  a steady  additional  revenue  of 
not  less  than  one  hundred  dollars  per  annum  for  every  three  hundred 


314 


Appendix. 


feet  of  such  extension,  either  from  responsible  private  consumers, 
secured  by  written  agreement,  or  from  the  rental  of  publicfire  hydrants 
upon  the  terms  hereinafter  stated,  then  the  city  council  mat  by 
ordinance  require  the  said  water  company  to  make  such  extension 
without  unnecessary  delay.  But  at  the  expiration  of  thirty  years 
from  the  passage  and  approval  of  this  ordinance,  all  right  of  said 
city  of  requiring  extensions  shall  cease,  unless  the  rights,  privileges 
and  contract  hereby  granted  and  made  shall  have  been  renewed.  . 

§ 6.  The  said  water  company  shall  not  charge  to  consumers 
during  the  continuance  of  the  franchises  granted  by  this  ordinance 
exceeding  the  following  maximum  annual  rates.  But  it  shall  have 
the  right,  at  its  Xvill  at  any  time,  to  insert  a meter  into  the  service 
pipe  of  any  consumer,  and  to  supply  him  at  meter  rates: 


Banks,  with  one  basin jj 

Bakery,  each  oven $10  oo  to 

Barber  shop,  first  chair 

Barber  shop,  each  additional  chair  , 

Bath,  without  heating  apparatus,  private  . . . ...  . . 

Bath,  with  heating  apparatus,  private 

Bath,  in  boarding  house  or  hotel,  first  tub 

Bath,  in  boarding  house  or  hotel,  each  additional  tub 

Bath,  public,  not  less  than 

Brewery,  per  barrel  brewed 

Billiard  saloon,  each  table . 

Boarding  house,  per  room  (no  license  less  than  $10  oo)  .... 

Book  bindery,  not  less  than 

Brickwork,  per  1,000  laid 

Brickyard,  each  gang  of  hands 

Butcher  shop,  steam  extra 

Candy  manufacturers t 15  00  *5 

Cigar  manufacturers  (no  license  less  than  $ 10  00),  per  hand  . . 

Confectioners 10  00  to 

Cow,  each 

Distilleries,  for  each  barrel  distilled 

Dyeing  and  scouring 10  00  to 

Forge,  first  fire 

Forge,  each  additional  fire  . ^ 

Fountain,  six  months  (running  not  more  than  six  hours  per  day), 


according  to  size  of  jet 12  00  to 

Halls  and  theatres 12  00  to 


Horse,  one,  including  washing  carriage 

Horse,  each  additional 

Horse,  for  private  stable,  not  less  than 
Hotel,  per  room  


$ 10  00 
30  60 

6 03 

“ 3 00 

4 00 

5 00 
8 00 

>4  00 
12  00 
05 

4 00  J 

1 50 
10  00 

10 
2'5  00 
10  00 
30  00’ 

2 00 
30  00 

2 00  . 

IO' 

30  00 

5 00 
2 00 

50  00 
30  00 
4 00 

2 00 

3 00 
special. 


Appendix.  315 


Ice-cream  saloon  . -.  . . . io  oo  to  20  co 

Laundry 24  00  to  100  oo' 

Offices  or  sleeping  rooms 5 00  to  10  00 

Oyster  saloons 10  00  to  20  00 

Printing  offices,  six  hands  or  less  (engine  extra) 12  00 

Printing  office,  each  additional  hand  1 50 

Photograph  galleries  ....'. 10  00  to  15  00 

Plastering,  per  square  yard . ]/z 

Residence,  occupied  by  one  family,' for  domestic  use,  one  to  three 

rooms  . 5 00 

Residence,  each  additional  room  1 00 

Restaurant . 12  00  to  20  00 

Saloons  .’ 10  00  to  30  00 

Sprinkling,  private  garden,  ^f-hose,  ^-nozzle,  first  50  yards,  per 

square  yard 04 

Sprinkling-,  all  over  50  yards,  per  square  yard 02 

Sprinkfing-carts,  per  month special. 

Sprinkling  sidewalk  to  center  of  street,  s^-hose,  yg-inch  nozzle, 

hours  per  day  (no  license  less  than  #5  00),  per  foot  front,  10 
Stable,  livery,  board  or  sale,  six  horses  or  less,  including  carriage 

washing 12  00 

Stable,  each  additional  stall 1 50 

Steam  boilers,  rated  per  horse-power,  from  one  to  ten  horse- 
power (working  ten  hours  p.er  day) 4 00 

Steam  boilers,  each  additional  up  to  twenty 3 00 

Steam  boilers,  over  twenty special. 

Stonework,  per  perch  ...... 07 

Stores  and  shops  A .......  8 00  to  20  00 

Tenement,  (no  license  less  than  $6  00)  per  room  .......  1 50 

Tobacco  manufacturers,  (no  license  less  than  #5  00)  per  hand  . . 1 50 

Urinal  basins * * * . . 6 00  to  12  00 

Water  closets,  private : . . . . 5 00 

Water  closets,  public , 10  00 

Wash  basins,  in  dwelling * 2 00 

Wash  basins,  in  hotel  3 ‘00 

METER  RATES. 

100  to  500  gallons- per  day,  per  100  gallons 05 

500  to  1,500  gallons  per  day,  per  100  gallons 04 

1,500  to  3,000  gallons  per  day,  per  100  gallons 03^ 

3.000  to  5,000  gallons  per  day,  per  100  gallons  . . . . 03 

5,600  to  10,000  gallons  per  day,  per  100  gallons * . . . 02^. 

10.000  or  more  gallons  per  day,  per  100  gallons * 02 

The  rates  in  this  section  prescribed  shall  be  paid  quarterly,  except 
sprinkling  rates,  which  shall  be  paid  for  the  season. 


316 


Appendix. 


§ 7.  At  the  expiration  of  five,  ten  and  twenty  years  after  the 
completion  of  said  works,  and  at  the  expiration  of  said  term  of 
thirty  years,  and  at  the  expiration  of  any  renewed  term  thereof,  said 
city  shall  have  the  right  to  purchase  said  works  with  its  privileges 
and  property  at  a fair  valuation,  to  be  ascertained  as  follows : In 
the  event  said  city  and  said  water  company  shall  fail  to  agree  on 
the  price,  three  disinterested  appraisers  of  good  intelligence,  not 
residents  of  the  county  of  Vermilion,  shall  be  chosen  and  sworn  to 
determine  the  value  thereof.  One  to  be  appointed  by  the  said  city,  one 
by  the  said  water  company,' and  the  third  by  the  two  so  appointed. 
When  said  three  persons  shall  have  been  so  chosen,  and  before  they 
determine  said  value,  the  said  city  and  the  said  water  company  shall 
each  at  their  option  have  the  right  to  call  non-resident  experts,  not 
exceeding  three  in  behalf  of  each  party  to  give  testimony  under  oath 
before  said  three  appraisers  as  to  such  value.  The  said  three 
appraisers  shall  then  proceed  to  determine  such  value,  and  in  so 
doing,  they  shall  take  into  consideration  the  productive  value  of  the 
said  water  works,  rights,  privileges  and  property.  And  in  the  event 
there  being  no  existing  fire  hydrant  contract  with  said  city  at  the 
date  of  such  appraisement,  the  last  existing  contract  shall  be  included 
in  the  estimated  productive  value,  as  though  still  in  existence. 
When  the  three  or  their  majority  shall  have  made  an  award  in 
writing,  ten  per  centum  shall  be  added  to  the  amount  thereof; 
Provided , the  appraisal  be  made  at  the  expiration  of  five  years,  but 
no  per  centum  shall  be  added  to  the  ascertained  value  of  said  property 
after  the  first  period  of  five  years.  And  the  said  city  shall  then 
have  the  option  of  refusing  to  pay  after  such  award  shall  have  been 
made,  or  of  paying  in  cash  to  said  water  company  within  three 
months  from  the  date  of  such  award,  the  amount  thereof  and  the 
said  additional  ten  per  centum  thereon.  If  the  said  city  shall  refuse 
to  purchase  as  aforesaid,  it  shall  pay  the  necessary  expenses  incurred 
in  making  of  said  award.  The  said  city  shall,  in  such  purchase, 
assume  and  perform  all  unfinished  contracts  made  by  said  water 
company  for  furnishing  water,  and  shall  assume  and  pay  all  debts 
and  obligations  of  said  company,  not  exceeding  in  amount  the  said 
purchase  money  to  be  paid  by  said  city.  And  all  sums  so  paid  shall 
be  in  part  discharge  of  said  purchase  money.  But  if  said  city  shall 
determine  to  avail  itself  of  this  right  to  purchase,  it  shall,  in  all 
cases,  give  written  notice  to  the  said  water  company  of  such 
determination,  at  least  one  year  before  the  expiration  of  said 
privileges,  or  before  the  other  appointed  dates  of  purchase. 


Appendix. 


31 T 


§ 8.  In  consideration  of  the  benefits  which  will  be  derived  by 
the  said  city  and  its  inhabitants  from  the  construction  and  operation 
of  the  said  water  works,  and  in  further  consideration  of  the  water 
supply  hereby  secured  for  public  uses,  and  as  the  inducement  to 
said  water  company  to  accept  the  provisions  of  this  ordinance  and 
contract,  and  to  enter  upon  the  construction  of  said  water  works, 
the  rights  and  privileges  hereby  granted  to  and  vested  in  said  water 
company  shall  remain  in  force  and  effect  for  thirty  years  from  the 
passage  of  this  ordinance ; and  for  the  same  consideration  and  as 
the  same  inducement,  the  City  of  Danville  hereby  rents  of  the 
Danville  Water  Company  for  the  uses  hereinafter  stated,  one 
hundred  fire  hydrants  of  the  character  hereinbefore  described,  for 
and  during  the  term  of  thirty  years  from  the  passage  of  this 
ordinance,  and  agrees’ to  locate  them  promptly  along  the  line  of  the 
street  mains,  on  demand  of  said  water  company,  and  on  submission 
by  it  to  said  city  of  a plan  of  the  location  of  said  street  mains,  and 
agrees  to  use  the  said  hydrants  carefully  and  to  pay  said  water 
company  for  a!ny  injury  which  may  happen  to  any  of  them  when 
used  by  any  officer,  servant  or  member  of  the  fire  department  of 
said  city,  and  agrees  to  pay  rent  for  said  one  hundred  hydrants  at 
the  rate  of  seventy-five  dollars  each  per  year,  and  agrees  to  pay 
during  the  unexpired  term  of  said  ordinance  and  privilege,  for  any 
additional  fire  hydrants  which  the  city  may  hereafter  locate  at  the 
rate  of  sixty-two  and  fifty  one  hundredths  dollars  each,  per  year, 
for  the  next. forty  additional  hydrants,  and  for  all  fire  hydrants  in 
excess  of  one  hundred  and  forty,  at  the  rate  of  fifty  dollars  each, 
per  year ; all  of  which  sums  shall  be  paid  by  said  city  to  said  water 
company,  beginning  from  the  dates  when  each  of  such  hydrants 
shall  be  put  into  successful  operation,  in  quarter  yearly  installments 
on  the  first  days  of  February,  May,  August  and  November  of  each 
year,  and  terminating  upon  the  expiration  of  said  term  of  thirty 
years,  or  upon  the  purchase  of  said  works  and  their  privileges  and 
property  by  the  said  city. 

£ 9.  The  fire  hydrants  rented  by  said  city  of  the  said  water 
company  shall  be  used  only  for  the  extinguishment  of  fires,  and 
shall  constantly  furnish  effective  fire  streams  without  the  aid  of 
portable*  engines,  and  flushing  gutters  and  sewers  through  a hose 
and  fire  nozzle.  In  flushing,  no  one  hydrant  shall  be  used  exceeding 
ten  minutes  in  one  week,  nor  shall  more  than  one  hydrant  opening 
be  turned  on  at  the  same  time,  nor  shall  any  flushing  be  done  during 
the  existence  of  a fire  or  without  notice  to  the  water  company. 

§ 10.  The  said  water  company  shall  constantly  keep  all  fire 
hydrants  rented  of  it  by  said  city  supplied  with  water  for  fire 


318 


Appendix. 


service,  and  shall  maintain  them  in  effective  working  order.  The 
chief  of  the  fire  department  of  said  city,  or  in  his  absence  the 
officer  in  charge  thereof,  shall  have  charge  and  control  of  said  fire 
hydrants,  and  may  at  any  time  cause  such  hydrants  to  be  inspected, 
and  if  on  such  inspection  any  of  said  hydrants  are  found  to  be  out 
of  working  order,  he  shall  forthwith  notify  said  water  company  in 
writing,  specifying  the  hydrant  or  hydrants  out  of  working  order, 
and  shall  also  report. to  the  city  council  the  date  of  such  examination 
and  the  result  thereof  and  his  subsequent  action  in  the  premises. 
And  in  case  any  such  hydrant  shall  remain  out  of  repair  for  one 
week  or  more  after  the  said  water  company  shall  have  been  so 
• notified  in  writing,  the  said  city  shall  be  entitled  to  deduct  from 
said  hydrant  rental  account,  the  sum  of  ten  dollars  per  week  so 
long  [as]  such  hydrant  is  not  in  working  order  : Provided , that  the 
total  amount  so  deducted  shall  not  exceed  double  the  yearly  rental 
of  such  hydrant  or  hydrants.  And  in  case  that  the  said  water 
company,  after  said  water  works  shall  have  been  completed  and  in 
' successful  operation,  shall  suffer  a suspension  of  the  supply  of  water 
for  both  domestic  and- fire  purposes  exceeding  thirty  days,  then  and 
in  that  case  said  water  company  shall  forfeit  all  privileges  hereby 
granted,  unless  such  suspension  shall  have  been  caused  by  circum- 
stances beyond  the  control  of  the  said  water  company. 

§ 11.  The  said  water  company  or  assigns,  in  consideration  o^ 
said  city  renting  such  number  of  fire  hydrants,  hereby  agree  to 
gratuitously  furnish  and  erect  a combined  spray  and  drinking 
fountain  for  man  and  beast,  flowing  twelve  hours  per  diem,  (and  not 
exceeding  two  thousand  gallons  per  diem),  on  the  public  square  in 
said  city  ; and  also  to  furnish  free,  water  for  said  fountain,  and  in 
addition  thereto,  water  for  two  additional  drinking  fountains,  flowage 
not  to  exceed  one  thousand  gallons  each  per  diem,  fountains  to  run 
except  during  freezing  weather,  also  water  free  for  all  city  offices 
and  quarters  of  the  fire  department  situated  on  lines  of  water  mains 
in  said  city,  (for  drinking  and  washing  purposes),  for  and  during  the 
term  and  continuance  of  this  privilege  and  ordinance.  Whenever 
the  city  council  shall  decide  to  erect  additional  public  drinking 
fountains  for  man  and  beast,  such  fountains  shall  be  located  on  the 
lines  of  water  mains  at  such  point  or  points  as  the  city  council  may 
designate,  the  annual  rental  of  such  additional  fountains  shall  be 
one  hundred  dollars  each  [per  annum,  payable  quarterly  as  for  fire 
hydrants.  All  public  drinking  fountains  shall  be  provided  with 
automatic  valves  or  shall  furnish  a constant  flowing  stream  through 
a small  orifice,  at  the  option  of  said  water  company  or  assigns  to 
prevent  the  waste  of  water. 


Appendix. 


319 


§ 12.  The  said  water  company  shall  provide  and  maintain  at  its 
own  expense,  a telephone  or  other  electric  line  affording  connection 
between  its  pump  house  and  each  principal  fire  department  station, 
for  use  during  fires,  the  city  to  furnish  its  own  instruments. 

§ 13.  The  said  city  shall  adopt  and  enforce  ordinances  protecting 
the  said  water  company  in  the  safe  and  unmolested  exercise  of  these 
franchises,  and  against  fraud  and  imposition,  and  against  injury  to 
its  property  and  waste  of  water  by  consummers,  and  the  said  water 
company  may  make  and  enforce  as  part  of  the  conditions  upon 
which  it  will  supply  water  to  consumers,  all  needful  rules  and 
regulations  not  inconsistent  with  law. 

§ 14.  This  ordinance  shall  become  binding  as  a contract  on  the 
said  city  of  Danville  in  the  event  that  the  said  Danville  Water 
Company  shall,  within  ten  days  from  the  passage  and  publication 
of  this  ordinance,  file  with  the  city  clerk  of  said  city  its  written 
acceptance  of  the  terms,  obligations  and  conditions  of  this  ordinance, 
and  upon  such  acceptance  this  ordinance  shall  constitute  the  contract, 
and  shall  be  the  measure  of  the  rights  and  liabilities  of  the  said 
cijy  and  of  the  said  water  company. 

§ 15.  All  ordinances  and  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance,  and  especially  the  ordinance 
entitled : u An  ordinance  to  provide  for  the  construction  and 
maintenance  of  water  works  for  the  supply  of  water  to  the  city  of 
Danville,  Illinois,  and  its  inhabitants,  and  for  the  prevention  and 
extinguishment  of  fires  in  said  city,”  passed  and  approved  April 
22,  1882,  are  hereby  repealed,  and  this  ordinance  shall  take  effect 
from  and  after  its  passage  and  publication. 

Passed  and  approved  this  9th  day  of  November,  A.  D.  1882. 

Attest : 

A.  C.  Freeman,  L.  T.  Dickason, 

[seal.]  City  Clerk.  Mayor. 

I,  Alfred  C.  Freeman,  city  clerk  of  the  city  of  Danville,  Illinois, 
hereby  certify  that  the  foregoing  ordinance  was  published  in  “ The 
Daily  Commercial,”  (the  same  being  a newspaper  published  iu  said 
city  of  Danville,)  dated  November  lltli,  A.  D.  1882. 

A.  C.  Freeman,  City  Clerk. 


320 


Appendix. 


AN  ORDINANCE 


TO  AMEND  AND  CARRY  OUT  AN  ORDINANCE  OF  THE  CITY  COUNCIL 

OF  THE  CITY  OF  DANVILLE,  ENTITLED  “ AN  ORDINANCE  PRO- 
VIDING FOR  A SUPPLY  OF  WATER  TO  THE  CITY  OF  DANVILLE 

“AND  ITS  INHABITANTS;  AUTHORIZING  THE  DANVILLE  WATER 

“COMPANY  TO  CONSTRUCT  AND  MAINTAIN  WATER  WORKS ; 

“CONTRACTING  WITH  SAID  COMPANY  FOR  A SUPPLY  OF  WATER 

“FOR  PUBLIC  USE,  AND  GIVING  SAID  CITY  AN  OPTION  TO  PUR- 
CHASE SAID  WORKS,”  PASSED  AND  APPROVED  NOVEMBER  9TH, 

A.  D.  1882. 

Whereas,  The  Danville  Water  Company  has  commenced  in  good 
faith  the  construction  of  its  water  works  within  sixty  days  from  the 
passage  and  approval  of  an  ordinance  of  the  city  council  of  the  city 
of  Danville,  entitled  “An  ordinance  providing  for  a supply  of  water 
“to  the  city  of  Danville  and  its  inhabitants;  authorizing  the  Dan- 
“ville  Water  Company  to  construct  and  maintain  water  works; 
“contracting  with  said  company  for  a supply  of  water  for  public  use, 
“and  giving  said  city  an  option  to  purchase  said  works,”  passed  and 
approved  November  9th,  A.  D.  1882  ; which  commencement  in  good 
faith  of  said  construction  is  hereby  acknowledged ; and, 

Whereas , The  Danville  Water  Company  has  submitted  to  the  city 
of  Danville  a plan  of  the  location  and  sizes  of  its  street  mains,  and 
the  city  of  Danville  has  thereupon,  on  demand  of  said  water  com- 
pany, located  on  said  street  mains  the  one  hundred  hydrants  rented 
by  the  said  city  of  Danville  of  the  said  water  company ; and, 

Whereas,  The  Danville  Water  Company  proposes,  in  addition 
to  connecting  its  works  for  a water  supply  with  the  North  Fork  of 
the  Vermilion  river  at  a point  above  the  present  sewage  of  the  city 
of  Danville,  north  of  Fairchild  street,  to  dig  a well  or  wells  north 
of  Fairchild  street,  in  the  vicinity  of  its  pumping  station,  and  to 
utilize  for  water  supply  the  water  pumped  by  it  from  such  well  or 
wells  so  dug  : t 

Now,  for  amendment  of  said  ordinance  in  conformity  with  the  fore- 
going, and  for  the  purpose  of  carrying  out  the  said  ordinances : 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  in  man- 
ner following — that  is  to  say : 


§ 1.  That  section  2 of  an  ordinance  of  the  city  of  Danville, 
entitled  “An  ordinance  providing  for  a supply  of  water  to  the  city 
“of  Danville  and  its  inhabitants;  authorizing  the  Danville  Water 
“Company  to  construct  and  maintain  water  works ; contracting  with 
“said  company  for  a supply  of  water  for  public  use,  and  giving  said 
“city  an  option  to  purchase  said  works,”  passed  and  approved 
November  9th,  1882,  which  reads  as  follows: 

“§  2.  The  source  of  water  supply  shall  be  the  North  Fork  of 
the  Vermilion  river,  at  a point  above  the  present  sewage  of  the  city 
of  Danville,  north  of  Fairchild  street.  The  pump  house  shall  be 
of  stone  or  brick,  of  ample  size  to  accommodate  the  machinery  of 
the  said  water  company,  and  there  shall  be  two  pumping  engines 
of  modern  and  appropriate  style  and  good  efficiency,  having  an 
aggregate  pumping  capacity  of  four  million  gallons  of  water  in 
twenty-four  hours.  There  shall  be  a^stand-pipe  as  part  of  the  water 
works  system,  not  less  than  one  hundred  and  fifty  feet  high.  All 
the  mains  used  in  the  said  construction  shall  be  tested  at  their 
place  of  manufacture  before  being  laid,  under  a pressure  of  three 
hundred  pounds  to  the  square  inch,  and  they  shall  be  of  suitable 
size  to  furnish  an  abundant  supply  of  water  for  present  and  future 
requirements.  The  fire  hydrants  rented  by  said  city,  as  hereinafter 
stated,  shall  be  of  modern  and  appropriate  style  and  good  efficiency, 
with  frost  jacket,  and  with  double  delivery,  fitted  to  connect  with 
the  hose  couplings  now  in  use  by  the  fire  department  of  said  city. 
Written  notice  being  given  by  said  company  to  said  city  of  Danville, 
there  shall  be  a test  of  the  power  and  capacity  of  said  water  works 
on  their  completion,  when  they  shall  throw  from  separate  hydrants 
in  the  business  portion  of  said  city  six  simultaneous  fire  streams 
through  a fifty-feet  section  of  hose  and  a one-inch  nozzle  to  a height 
of  one  hundred  feet,  and  when  they  shall  throw  at  another  time  from 
separate  hydrants  in  other  portions  of  said  city  four  simultaneous 
effective  fire  streams,” 

Be,  and  the  same  is,  hereby  amended  to  read  as  folloivs  : 

§ 2.  The  Danville  Water  Company  shall  take  its  water  supply 
from  the  North  Fork  of  the  Vermilion  river  at  a point  above  the 
present  sewage  of  the  city  of  Danville,  north  of  Fairchild  street, 
or  from  a well  or  wells  dug  by  it  north  of.  Fairchild  street,  in  the 
vicinity  of-  its  pumping  station,  or  from  North  Fork  and  such  well 
or  wells,  changing  from  one  to  the  other,  or  to  both  sources  of  supply, 
from  time  to  time,  at  its  discretion.  The  pump  house  shall  be  of 
stone  or  brick,  of  ample  size  to  accommodate  the  machinery  of  the 
said  water  company,  and  there  shall  be  two  pumping  engines  of 
21 


322 


Appendix. 


modem  and  appropriate  style  and  good  efficiency,  havingan  aggregate 
pumping  capacity  of  four  million  gallons  of  water  in  twenty-four 
hours.  There  shall  be  a stand-pipe  as  part  of  the  water  works 
system,  not  less  than  one  hundred  and  fifty  feet  high.  All  the  mains 
used  in  the  said  construction  shall  be  tested  at  their  place  of  manu- 
facture before  being  laid,  under  a pressure  of  three  hundred  pounds 
to  the  square  inch;  and  the  locations  and  sizes  of  those  permitted  to 
be  laid  may  be  as  follows,  the  said  water  company  having  the  right 
to  select  the  side  of  the  street : 

From  the  pumping  station  to  the  intersection  of  Lincoln  and 
Denmark  streets,  14  inches  diameter. 

In  Woodbury  street,  from  Franklin  to  Vermilion  streets,  6 inches 
diameter. 

In  Griggs  street,  from  Junction  avenue  to  Collett  street,  6 inches 
diameter. 

In  Lincoln  street,  from  Denmark  to  Harmon  avenue,  14  inches 
diameter. 

In  Williams  street,  from  Harmon  avenue  to  Vermilion  street,  10 
inches  diameter. 

In  Williams  street,  from  Vermilion  to  Section  streets,  8 inches 
diameter. 

In  Williams  street,  from  Section  to  Junction  avenue,  6 inches 
diameter. 

In  Ann  street,  from  Harmon  avenue  to  Gilbert  street,  4 inches 
diameter. 

In  Seminary  street,  from  Grant  street  to  Harmon  avenue,  6 inches 
diameter. 

In  Madison  street,  from -Mill  street  to  Harmon  avenue,  4 inches 
diameter. 

In  Madison  street,  from  Harmon  avenue  to  Vermilion  street,  10 
inches  diameter. 

In  Madison  street,  from  Vermilion  to  Depot  streets,  6 inches 
diameter. 

In  Harrison  street,  from  Mill  to  Pine  streets,  4 inches  diameter. 

In  North  street,  from  Robinson  to  Depot  streets,  4 inches 
diameter. 

In  Main  street,  from  Pine  to  Franklin  streets,  8 inches  diameter. 

In  Main  street,  from  Franklin  to  Gray  streets,  10  inches  diameter. 

In  Main  street,  from  Gray  to  Collett  streets,  6 inches  diameter. 

In  South  street,  from  Vermilion  to  Buchanan  streets,  6 inches 
diameter. 

In  Chestnut  street,  from  College  to  Elizabeth  streets,  4 inches 
diameter. 


In  Grant  street,  from  Lincoln  to  Seminary  streets,  6 inches 
diameter. 

In  Mill  street,  from  Madison  to  Harrison  streets,  6 inches 
diameter. 

In  Harmon  avenue,  from  Lincoln  to  Williams  streets,  14  inches 
diameter. 

In  Harmon  avenue,  from  Williams  to  Mansson  streets,  10  inches 
diameter. 

In  Robinson  street,  from  Harrison  to  North  streets,  4 inches 
diameter. 

In  Gilbert  street,  from  Williams  to  Madison  streets,  6 inches 
diameter. 

In  Pine  street,  from  Madison  to  Main  streets,  8 inches  diameter. 

In  Oak  street,  from  Seminary  to  Madison  streets,  4 inches 
diameter. 

In  Franklin  street,  from  Woodbury  to  Williams  streets,  4 inches 
diameter. 

In  Franklin  street,  from  Williams  to  Madison  streets,  6 inches 
diameter. 

In  Franklin  street,  from  Madison  to  Main  streets,  4 inches 
diameter. 

In  Walnut  street,  from  Williams  to  Main  streets,  4 inches 
diameter.  * 

In  Vermilion  street,  from  Woodbury  to  Williams  streets,  4 inches 
diameter. 

In  Vermilion  street,  from  Williams  to  Madison  streets,  8 inches 
diameter. 

In  Vermilion  street,  from  Madison  to  Main  streets,  10  inches 
diameter. 

In  Vermilion  street,  from  Main  to  South  streets,  6 inches 

diameter. 

In  Hazel  street,  from  Williams  to  Madison  streets,  4 inches 
diameter. 

In  Hazel  street,  from  Madison  to  Main  streets,  6 inches 

diameter. 

In  Hazel  street,  from  Main  to  South  streets,  4 inches  diameter. 

In  Hazel  street,  from  South  to  Green  streets,  6 inches  diameter. 

In  Jackson  street,  from  Williams  to  Madison  streets,  6 inches 
diameter. 

In  Jackson  street,  from  Madison  to  North  streets,  4 inches 
diameter. 

In  Depot  street,  from  Madison  to  Main  streets,  6 inches  diameter. 

In  Gray  street,  from  Main  to  South  streets,  4 inches  diameter. 


324 


Appendix. 


In  College  street,  from  South  to  Chestnut  streets,  6 inches 
diameter. 

In  Elizabeth  street,  from  South  to  Chestnut  streets,^  6 inches 
diameter. 

In  Elizabeth  street,  from  Chestnut  to  Wayne  streets,  4 inches 
diameter. 

In  Junction  avenue,  from  Williams  to  Griggs  streets,  6 inches 
diameter. 

In  Buchanan  street,  from  Main  to  South  streets,  4 inches 
diameter. 

In  Collett  street,  from  Main  to  Griggs  streets,  4 inches  diameter. 

The  fire  hydrants  rented  by  said  city,  as  hereinafter  stated,  shall 
be  of  modern  and  appropriate  style  and  good  efficiency,  with  frost 
jacket,  and  with  double  delivery,  fitted  to  connect  with  the  hose 
couplings  now  in  use  by  the  fire  department  of  said  city.  Said  fire 
hydrants  so  rented  by  said  city  shall  be  set  by  the  said  water  com- 
pany on  whatever  corner  of  the  intersection  it  may  select,  but  in  all 
cases  on  the  side  of  the  street  nearest  to  the  main  with  which  they 
are  to  connect ; and  they  are  hereby  located  as  follows : 

1.  At  the  intersection  of  Woodbury  and  Franklin  streets. 

2.  At  the  intersection  of  Woodbury  and  Walnut  streets. 

3.  At  the  intersection  of  Woodbury  and  Vermilion  streets. 

4.  At  the  intersection  of  Clay  and  Franklin  streets. 

5.  At  the  intersection  of  Tincher  and  Denmark  streets. 

6.  In  Franklin  street,  at  the  north  side  of  the  right  of  way  of 
the  I.,  B.  & W.  railway. 

7.  In  Vermilion  street,  at  the  south  side  of  the  right  of  way  of 

the  I.,  B.  & W.  railway. 

8.  At  the  intersection  of  Lincoln  and  Denmark  streets. 

9.  At  the  intersection  of  Lincoln  and  Sheridan  streets. 

10.  At  the  intersection  of  Lincoln  and  Grant  streets. 

11.  At  the  intersection  of  Lincoln  and  Chandler  streets. 

12.  At  the  intersection  of  Williams  street  and  Harmon  avenue. 

13.  At  the  intersection  of  Williams  and*  Robinson  streets. 

14.  At  the  intersection  of  Williams  and  Gilbert  streets. 

15.  At  the  intersection  of  Williams  and  Oak  streets. 

16.  At  the  intersection  of  Williams  hnd  Franklin  streets. 

17.  At  the  intersection  of  Williams  and  Walnut  streets. 

18.  At  the  intersection  of  Williams  and  Vermilion  streets. 

19.  At  the  intersection  of  Williams  and  Hazel  streets. 

20.  At  the  intersection  of  Williams  and  Jackson  streets. 

21.  At  the  intersection  of  Williams  and  Depot  streets. 


Appendix. 


325 


22.  At  the  intersection  of  Williams  and  Section  streets. 

23.  At  the  intersection  of  Wellington  and  Junction  streets. 

24.  At  the  intersection  of  Wellington  and  Collett  streets. 

25.  In  Harmon  avenue,  at  the  north  side  of  the  right  of  way  of 
the  I.,  B.  & W.  railway. 

26.  At  the  intersection  of  Kimber  and  Grant  streets. 

. 27.  At  the  intersection  of  Cherry  and  Jackson  streets. 

28.  In  Franklin  street,  half  way  between  Williams  and  Semi- 
nary streets. 

29.  In  Vermilion  street,  half  way  between  Williams  and  Semi- 
nary streets. 

30.  At  the  intersection  of  Ann  and  Gilbert  streets. 

31.  At  the  intersection  of  Seminary  and  Grant  streets. 

32.  At  the  intersection  of  Seminary  streehand  Harmon  avenue. 

33.  At  the  intersection  of  Seminary  and  Gilbert  streets. 

34.  At  the  intersection  of  Seminary  and  Franklin  streets. 

35.  At  the  intersection  of  Seminary  and  Vermilion  streets. 

36.  At  the  intersection  of  Seminary  and  Jackson  streets. 

37.  At  the  intersection  of  Seminary  and  Collett  streets. 

38.  At  the  intersection  of  Madison  street  and  Harmon  avenue. 

39.  At  the  intersection  of  Madison  and  Robinson  streets. 

40.  At  the  intersection  of  Madison  and  Gilbert  streets. 

41.  At  the  intersection  of  Madison  and  Pine  streets. 

42.  At  the  intersection  of  Madison  and  Franklin  streets. 

43.  At  the  intersection  of  Madison  aud  Walnut  streets. 

44.  At  the  intersection  of  Madison  and  Vermilion  streets. 

45.  At  the  intersection  of  Madison  and  Hazel  streets. 

46.  At  the  intersection  of  Madison  and  Jackson  streets. 

47.  At  the  intersection  of  Madison  and  Depot  streets. 

48.  At  the  intersection  of  Herman  and  Collett  streets. 

49.  At  the  intersection  of  Harrison  and  Franklin  streets. 

50.  At  the  intersection  of  Harrison  and  Walnut  streets. 

51.  At  the  intersection  of  Harrison  and  Vermilion  streets. 

52.  At  the  intersection  of  Harrison  and  Hazel  streets. 

53.  At  the  intersection  of  Harrison  and  Jackson  streets. 

54.  At  the  intersection  of  Harrison  and  Depot  streets. 

55.  In  Vermilion  street,  at  the  corner  of  the  alley  between 
Harrison  and  North  streets. 

56.  At  the  intersection  of  North  and  Robinson  streets. 

57.  At  the  intersection  of  North  aud  Pine  streets. 

58.  At  the  intersection  of  North  and  Franklin  streets. 

59.  At  the  intersection  of  North  and  Walnut  streets. 

60.  At  the  intersection  of  North  and  Vermilion  streets. 

61.  At  the  intersection  of  North  and  Hazel  streets, 


326 


Appendix. 


62.  At  the  intersection  of  North  and  Jackson  streets. 

63.  At  the  intersection  of  North  and  Depot  streets. 

64.  At  the  intersection  of  North  street  (extended)  and  Collett 
street. 

65.  In  Franklin  street,  at  the  corner  of  the  alley  between  North 
and  Main  streets. 

66.  In  Walnut  street,  at  the  corner  of  the  alley  between  North 
and  Main  streets. 

67.  At  the  intersection  of  VanBuren  alley  and  Vermilion 
street. 

68.  At  the  intersection  of  VanBuren  alley  and  Hazel  street. 

69.  At  the  intersection  of  VanBuren  alley  and  Depot  street. 

70.  At  the  intersection  of  Main  and  Pine  streets. 

71 . In  Main  street,  half  way  between  F ranklin  and  Pine  streets. 

72.  At  the  intersection  of  Main  and  Franklin  streets. 

73.  At  the  intersection  of  Main  and  Walnut  streets. 

74.  In  Main  street,  at  the  corner  of  the  First  National  Bank. 

75.  At  the  Postoffice  corner. 

76.  At  the  intersection  of  Main  and  Hazel  streets. 

77.  In  Main  street,  at  the  corner  of  the  alley  between  Hazel 
and  Jackson  streets. 

78.  At  the  intersection  of  Main  and  Jackson  streets. 

79.  At  the  intersection  of  Main  and  Depot  streets. 

80.  At  the  intersection  of  Main  and  Gray  streets. 

81.  At  the  intersection  of  Main  and  McDonald  streets. 

82.  At  the  intersection  of  Main  and  Park  streets. 

83.  At  the  intersection  of  Main  and  Fremont  streets. 

84.  At  the  intersection  of  Main  and  Clark  streets. 

85.  At  the  intersection  of  Alain  and  Buchanan  streets. 

86.  At  the  intersection  of  Main  and  Collett  streets. 

87.  At  the  intersection  of  South  and  Vermilion  streets. 

88.  At  the  intersection  of  South  and  Hazel  streets. 

89.  At  the  intersection  of  South  and  Jackson  streets. 

90.  At  the  intersection  of  South  and  Gray  streets. 

91.  At  the  intersection  of  South  and  Park  streets. 

92.  At  the  intersection  of  South  and  Elizabeth  streets. 

93.  At  the  intersection  of  South  and  Buchanan  streets. 

94.  At  the  intersection  of  Green  and  Hazel  streets. 

95.  At  the  intersection  of  Green  and  College  streets. 

96.  At  the  intersection  of  Chestnut  and  College  streets. 

97.  At  the  intersection  of  Chestnut  and  Park  streets. 

98.  At  the  intersection  of  Chestnut  and  Elizabeth  streets. 

99.  At  the  intersection  of  Pearl  and  Elizabeth  streets. 

100.  At  the  intersection  of  Wayne  and  Elizabeth  streets. 


Appendix. 


Written  notice  being  given  by  said  company  to  said  city  of  Dan- 
ville, there  shall  be  a test  of  the  power  and  capacity  of  said  water 
works  on  their  completion,  when  they  shall  throw  from  separate 
hydrants  in  the  business  portion  of  said  city,  six  simultaneous  fire 
streams,  through  a fifty-feet  section  of  hose  and  a one-inch  nozzle, 
to  the  height  of  one  hundred  feet,  and  when  they  shall  throw  at 
another  time  from  separate  hydrants  in  other  portions  of  the  said 
city  four  simultaneous  effective  fire  streams:  Provided. , however , 
That  nothing  in  this  section  shall  be  so  construed  as  to  operate 
against  the  full  force  and  effect  of  section  9 and  that  part  of  section  2 
of  the  original  ordinance  which  provides  for  laying  of  mains  of  suit- 
able size  to  furnish  an  abundant  supply  of  water  for  present  and 
future  requirements. 

§ 2.  This  ordinance  shall  become  binding  as  a part  of  the  con- 
tract existing  between  the  city  of  Danville  and  the  Danville  Water 
Company  in  the  event  that  said  water  company  shall,  within  ten  days 
from  the  passage  and  publication  of  this  ordinance,  file  with  the  city 
clerk  of  said  city  its  written  acceptance  of  it. 

§ 3.  All  ordinances  and  resolutions  and  parts  of  ordinances  or 
resolutions  in  conflict  herewith  are  hereby  repealed,  and  this  ordi- 
nance shall  take  effect  at  its  passage  and  publication. 

Passed  by  city  council,  May  1st,  A.  D.  1883.  Approved  June 
2d,  1883. 

Attest : 

A.  C.  Freeman, 

City  Clerk 

[seal.] 

I,  Alfred  C.  Freeman,  city  clerk  of  the  city  of  Danville,  Illinois, 
hereby  certify  that  the  foregoing  ordinance  was  published  in  “ The 
Danville  Leader,”  (the  same  being  a newspaper  published  in  said 
city  of  Danville,  Illinois,)  dated  Friday,  June  8th,  1883. 

A.  C.  Freeman, 

City  Clerk. 


# L.  T.  Dickason, 

Mayor. 


328 


Appendix. 


AN  ORDINANCE 

PROVIDING  FOR  THE  EXTENDING  OF  THE  PIPE  SYSTEM  OF  THE 

DANVILLE  WATER  COMPANY,  AND  THE  RENTING  OF  TWO  ADDI- 
TIONAL FIRE  HYDRANTS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , in 
manner  following — that  is  to  say: 

§ 1.  That  the  city  of.  Danville  requests,  and  hereby  requires, 
the  Danville  Water  Company  to  extend  its  pipe  system  along  North 
street  to  reach  the  places  on  said  street  hereinafter  described,  and 
that  the  city  of  Danville  further  requests,  and  hereby  requires,  the 
Danville  Water  Company  to  put  up  two  additional  fire  hydrants,  of 
the  kind  required  by  the  water  works  ordinance  of  the  city  of  Dan- 
ville, passed  and  approved  November  9th,  1882,  and  in  consideration 
of  the  compliance  of  the  Danville  Water  Company  with  the  foregoing 
requests  and  requirements,  the  city  of  Danville  hereby  rents  of  the 
Danville  Water  Company  the  said  two  additional  hydrants,  located 
in  the  following  described  places,  to-wit : 

No.  102.  At  the  intersection  of  North  and  Hayes  streets. 

No.  103.  At  the  intersection  of  Harrison  and  Mill  streets. 

And  the  city  of  Danville  agrees  and  binds  itself  to  pay  therefor 
to  the  Danville  Water  Company,  for  the  uses  and  subject  to  the  con- 
ditions stated  in  said  ordinance  of  November  9,  1882,  for  and  during 
tliQ  term  of  thirty  years  from  the  passage  of  this  ordinance,  at  the 
rate  of  $62.50  per  hydrant  per  annum,  beginning  at  the  date  when 
said  hydrants  shall  respectively  be  put  into  successful  operation,  in 
quarter-yearly  installments,  on  the  first  day  of  February,  May, 
August  and  November  of  each  year,  and  terminating  upon  the  expira- 
tion of  the  said  term  of  thirty  years,  or  upon  the  purchase  of  said 
works  and  their  privileges  and  property  by  the  said  city. 

§ 2.  This  ordinance  shall  become  binding  as  a contract  on  the 
said  city  of  Danville  in  the  event  that  the  Danville  Water  Company 
shall,  within  ten  days  from  the  passage  and  approval  of  this  ordi- 
nance, file  with  the  city  clerk  its  written  acceptance  of  it. 

Passed  and  approved  the  3d  day  of  July,  A.  D.  1884. 

Attest : 

A.  C.  Freeman,  City  Clerk.  L.  T.  Dickason,  Mayor. 

The  foregoing  ordinance  was  published  in  “The  Danville  Daily 
Commercial,”  (the  same  being  a newspaper  published  in  Danville, 
Illinois,)  dated  June  11,  1884. 


A.  C.  Freeman,  City  Clerk. 


Appendix. 


329 


AN  ORDINANCE 


PROVIDING  FOR  EXTENDING  *TIIE  PIPE  SYSTEM  OF  TIIE  DANVILLE 
WATER  COMPANY  AND  RENTING  OF  IT  TWO  ADDITIONAL  HYDRANTS. 


Be  it  ordained  by  tl/e  City  Council  of  the  City  of  Danville , in 
manner  following — that  is  to  shy  : 

§ 1.  That  the  city  oT  Danville  requests  and  hereby  requires  the 
Danville  Water  Company  to  extend  its  pipe  system  along  North 
street,  to  reach  the  places  on  said  street  hereinafter  described,  and 
that  the  city  of  Danville  further  requests  and  hereby  requires  the 
Danville  Water  Company  to  put  t*vo  additional  fire  dydrants  of  the 
kind  required  by  the  water  works  ordinance  of  the  city  of  Danville, 
passed  and  approved  November  9th,  1882  ; and  in  consideration  of 
the  compliance,  by  the  Danville  Wafer  Company,  with  the  foregoing 
requests  and  requirements,  the  city  of  Danville  hereby  rents  of  the 
Danville  Water  Company,  the  said  two  additional  hydrants  located 
in  the  following  described  places,  to-wit : 

No.  102.  At  the  intersection  of  North  and  Ilayes  streets., 

No.  103.  At  the  intersection  of  Harrison  and  Mill  streets. 

And  the  city  of  Danville  agrees  and  binds  itself  to  pay  therefor 
to  the  Danville  Water  Company  for  the  uses  and  subject  to  the 
conditions  stated  in  the  said  ordinance  of  November  9th,  1882,  for 
and  during  the  term  of  thirty  years  from  the  passage  of  this 
ordinance,  at  the  rate  of  sixty-two  dollars  and  fifty  cents  per  hydrant 
per  annum,  beginning  from  the  date  when  such  hydrants  shall 
respectively  be  put  into  successful  operation,  in  quarter  yearly 
installments,  on  the  first  days  of  February,  May,  August  and 
November  of  each  year,  and  terminating  upon  the  expiration  of  the 
said  term  of  thirty  years  or  upon  the  purchase  of  said  works  and 
their  privileges  and  property  by  the  said  city. 

§ 2.  This  ordinance  shall  become  binding  as  a contract,  of  the 
said  city  of  Danville  in  the  event  that  the  Danville  Water  Company 


330 


Appendix. 


shall,  within  ten  days  from  the  publication  of  this  ordinance,  file  with 
the  city  clerk  its  written  acceptance  of  it. 

Passed  and  approved  August  7th,  A.  D.  1884. 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  Dickason, 

Mayor. 


The  foregoing  ordinance  was  published  in  “ The  Danville  Daily 
News,”  (the  same  being  a newspaper  published  in  the  city  of 
.Danville,  Illinois,)  dated  Friday,  August  15,  1884. 


A.  C.  Freeman, 

City  Clerk. 


AN  ORDINANCE 


PROVIDING  FOR  THE  EXTENSION  OF  THE  PIPE  SYSTEM  OF  THE 

DANVILLE  WATER  COMPANY  AND  RENTING  OF  IT  FOUR  ADDITIONAL 

FIRE  HYDRANTS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
Illinois , in  the  manner  following,  that  is  to  say  : 

§ 1.  That  the  city  of  Danville  requests  and  hereby  requires  the 
Danville  Water  Company  to  extend  its  pipe  system,  by  laying  the 
following  described  water  mains : a four-inch  main  in  Wayne  street 
between  the  Wabash  hospital  and  Buchanan  street ; a four-inch 
main  in  Oak  street,  between  Seminary  and  Ann  streets ; a six-inch 
main  in  Buchanan  street  between  Wayne  and  Commercial  streets ; a 
six-inch  main  in  Collett  street,  between  Griggs  street  and  the  first 
alley  north  of  the  I.  B.  & W*  railway  tracks.  And  hereby  requires 
the  Danville  Water  Company  to  put  up  at  the  places  hereinafter 
named,  four  additional  fire  hydrants  of  the  kind  required  by  the 
water  works  ordinance  of  the  city  of  Danville,  passed  and  approved 
on  November  9th,  1882  ; and  in  consideration  of  the  compliance  of 
the  Danville  Water  Company  with  the  foregoing  requests  and 
requirements,  the  city  of  Danville  hereby  rents  of  the  Danville 
Water  Company  the  four  additional  fire  hydrants,  to-wit : 

No.  104.  At  the  intersection  of  Oak  and  Ann  streets. 


Appendix. 


331 


No.  105.  At  the  intersection  of  Buchanan  and  Commercial 
streets. 

No.  106.  At  the  intersection  of  Junction  avenue  and  I.  B.  & 
W.  railway  track. 

No.  107.  At  the  intersection  of  Collett  street  and  first  alley 
north  of  I.  B.  & W.  railway  track. 

And  the  city  of  Danville  agrees  and  binds  itself  to  pay  therefor, 
to  the  Danville  Water  Company  for  the  uses  and  subject  to  the 
conditions  stated  in  the  said  ordinance  of  November  9th,  1882,  for 
and  during  the  term  of  thirty  years  from  the  passage  of  this  ordinance, 
at  the  rate  of  sixty-two  dollars  and  fifty  cents  per  hydrant  per  annum, 
beginning  with  the  date  when  said  hydrants  shall  respectively  be  put 
up  and  connected  with  the  water  works  of  the  said  water  company, 
in  quarter  yearly  installments,  on  the  first  days  of  February,  May, 
August  and  November  of  each  year,  subject  to  termination  by  the 
purchase  of  the  said  works  by  the  city  of  Danville. 

§ 2.  This  ordinance  shall  become  binding  as  a contract  on  the  city 
of  Danville,  in  the  event  that  the  Danville  Water  Company  shall, 
within  twenty  days  from  the  publication  of  this  ordinance,  file  with 
the  city  clerk  its  written  acceptance  of  it. 

Passed  and  approved  this  first  day  of  April,  A.  D.  1886. 

Attest : 

A.  C.  Freeman,  City  Clerk.  John  Beard,  Mayor. 

The  foregoing  ordinance  was  published  in  “ The  Danville  Leader,” 
(the  same  being  a newspaper  published  in  the  city  of  Danville, 
Illinois,)  dated  Friday,  April  9,  A.  D.  1886. 

A.  C.  Freeman,  City  Clerk. 


382 


Appendix. 


AN  ORDINANCE. 


PROVIDING  FOR  EXTENDING  THE  WATER  MAINS  OF  THE  DAN- 
VILLE WATER  COMPANY  AND  RENTING  OF  IT  FIVE  ADDITIONAL 

HYDRANTS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  Illinois, 
in  the  manner  following — that  is  to  say : 

§ 1.  That  the  city  of  Danville  requests  and  hereby  requires  the 
Danville  Water  Conpany  to  extend  its  water  mains  by  laying  a 
four-inch  main  in  Vermilion  street  from  Woodbury  to  English 
street,  and  by  laying  a four-inch  main  in  Franklin  street  from  Wood- 
bury street  to  Townsend  avenue,  and  that  the  city  of  Danville  hereby 
requires  the  said  water  company  to  put  up  at  the  places  hereinafter 
named  five  additional  fire  hydrants  of  the  kind  required  by  the 
water  works  ordinance  of  the  city  of  Danville,  passed  and  approved 
November  9th,  1882,  and  in  consideration  of  the  compliance  by  the 
Danville  Water  Company  with  the  foregoing  request  and  require- 
ments the  city  of  Danville  hereby  rents  from  the  Danville  Water 
Company  the  said  five  additional  fire  hydrants,  to-wit : 

No.  108.  At  the  intersection  of  Vermilion  street  and  Fairchild 
street. 

No.  109.  At  the  intersection  of  Vermilion  street  and  Townsend 
avenue. 

No.  110.  At  the  intersection  of  Vermilion  street  and  English 
street. 

No.  111.  At  the  intersection  of  Franklin  street  and  Fairchild 
street. 

No.  112.  At  the  intersection  of  Franklin  street  and  Townsend 
avenue. 

And  the  city  of  Danville  agrees  and  binds  itself  to  pay  therefor 
to  the  Danville  Water  Company  for  the  uses  and  subject  to  the  con- 
ditions stated  in  the  said  ordinance  of  November  9th,  1882,  for  and 
during  the  unexpired  term  of  thirty  years  from  November  9th, 
1882,  and  from  the  date  of  the  passage  of  this  ordinance,  at  the  rate 
of  sixty-two  dollars  and  fifty  cents  ($62.50)  per  hydrant  per  annum, 
beginning  with  the  date  when  such  hydrants  shall  be  respectively 
put  up  and  connected  with  the  water  works  of  the  said  water  com- 
pany, in  quarter-yearly  installments,  on  the  first  day  of  February, 


Appendix. 


333 


May,  August  and  November  of  each  year,  subject  to  termination  by 
the  purchase  of  said  water  works  by  the  city  of  Danville. 

§ 2.  This  ordinance  shall  become  binding  as  a contract  on  the  city 
of  Danville  in  the  event  that  the  Danville  Water  Company  shall, 
within  twenty  days  from  the  publication  of  this  ordinance,  file  with 
the  city  clerk  its  written  acceptance  thereof. 

Passed  and  approved  June  19,  1890. 

Attest : 

Joseph  Shatz,  W.  R.  Lawrence, 

City  Clerk.  Mayor. 

I,  Joseph  Shatz,  city  clerk  of  the  city  of  Danville,  Illinois,  do 
hereby  certify  that  the  above  and  foregoing  ordinance  was  published 
in  “The  Danville  Daily  Press,”  (the  same  being  a newspaper  pub- 
lished in  said  city  and  state,)  dated  Tuesday,  June  24th,  1890. 

Joseph  Shatz, 

City  Clerk. 


AN  ORDINANCE 


PROVIDING  FOR  EXTENDING  THE  WATER  MAINS  OF  THE  DAN- 
VILLE WATER  COMPANY  AND  RENTING  OF  IT  THREE  ADDITIONAL 
HYDRANTS, 

Beit  ordained  by  the  City  Council  of  the  Citiy  of  Danville,  Illinois, 
in  the  manner  following — that  is  to  say : 

§ 1.  That  the  city  of  Danville  requests  and  hereby  requires  the 
Danville  Water  Company  to  extend  its  water  mains  by  laying  a, 
four-inch  water  main  in  Hazel  street,  from  Davis  street  to  Fairchild 
street,  and  that  the  city  of  Danville  hereby  requires  the  said  water 
company  to  put  up  at  the  places  hereinafter  named  three  additional 
fire  hydrants  of  the  kind  required  by  the  water  works  ordinance  of 
the  city  of  Danville,  passed  and  approved  November  9th,  1882,  and 
in  consideration  of  the  compliance  of  the  Danville  Water  Company 
with  the  foregoing  requests  and  requirements  the  city  of  Danville 
hereby  rents  of  the  Danville  Water  Company  the  said  three  addi- 
tional fire  hydrants,  to-wit : 


334 


Appendix. 


No.  113.  At  crossing  of  Clay  and  Hazel  streets. 

No.  114.  At  crossing  of  Woodbury  and  Hazel  streets. 

No.  115.  At  crossing  of  Fairchild  and  Hazel  streets. 

And  the  city  of  Danville  agrees  and  binds  itself  to  pay  therefor 
to  the  Danville  Water  Company  for  the  uses  and  subject  to  the  con- 
ditions stated  in  the  said  ordinance  of  November  9th,  1882,  for  and 
during  the  unexpired  term  of  thirty  years  from  November  9th, 
1882,  and  from  the  date  of  the  passage  of  this  ordinance,  at  the  rate 
of  sixty-two  dollars  and  fifty  cents  ($62.50)  per  hydrant  per  annum, 
beginning  with  the  date  when  said  hydrants  shall  be  respectively 
put  up  and  connected  with  the  water  works  of  the  said  water  com- 
pany, in  quarter-yearly  installments,  on  the  first  day  of  February, 
May,  August  and  November  of  each  year,  subject  to  termination  by  • 
the  purchase  of  said  water  works  by  the  city  of  Danville. 

§ 2.  This  ordinance  shall  become  binding  as  a contract  on  the  city 
of  Danville  in  the  event  that  the  Danville  Water  Company  shall, 
within  twenty  days  from  the  publication  of  this  ordinance,  file  with 
the  city  clerk  its  written  acceptance  thereof. 

Passed  and  approved  August  20th,  1890. 

Attest : 

Joseph  Shatz,  W.  R.  Lawrence, 

City  Clerk.  Mayor. 

I certify  that  the  above  and  foregoing  ordinance  was  published 
in  “The  Danville  Daily  News,”  (the  same  being  a newspaper  pub- 
lished in  the  city  of  Danville,  Illinois,)  dated  Saturday,  August  23d, 
1890. 

Joseph  Shatz, 

City  Clerk. 


AN  ORDINANCE 


TO  AMEND  SECTION  1 OF  AN  ORDINANCE  ENTITLED  “ AN  ORDI- 
NANCE PROVIDING  FOR  EXTENDING  THE  WATER  MAINS  OF  THE 
“DANVILLE  WATER  COMPANY  AND  RENTING  OF  IT  THREE 
“ADDITIONAL  HYDRANTS,”  PASSED  AND  APPROVED  AUGUST 

20th,  1890. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  section  1 of  an  ordinance  entitled  “An  ordinance  providing  for 


Appendix. 


660 


extending  the  water  mains  of  the  Danville  Water  Company  and 
renting  of  it  three  additional  hydrants,”  passed  and  approved 
August  25th,  181)0,  be,  and  the  same  hereby  is,  amended  so  as  to 
locate  fire  hydrant  No.  113  at  the  crossing  of  Hazel  street  and  the 
first  alley  south  of  the  Cleveland,  Cincinnati,  Chicago  and  St.  Louis 
railroad,  and  the  said  Danville  Water  Company  is  hereby  author- 
ized and  requested  to  so  locate  said  fire  hydrant  at  the  above  named 
point  instead  of  at  the  crossing  of  Clay  and  Hazel  streets,  as  pre- 
scribed in  said  original  ordinance. 

§ 2.  This  ordinance  to  take  effect  immediately  after  its  passage 
and  approval. 

Passed  and  approved  September  25th,  1890. 

Attest : 

Joseph  Shatz,  W.  R.  Lawrence, 

City  Clerk.  Mayor. 


AN  ORDINANCE 


PROVIDING  FOR  EXTENDING  THE  WATER  MAINS  OF  THE  DANVILLE 

WATER  COMPANY  AND  THE  RENTING  OF  IT  THREE  ADDITIONAL 

HYDRANTS. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  the  city  of  Danville  requests  and  hereby  requires  the  Danville 
Water  Company,  of  Danville,  Illinois,  to  extend  its  water  mains  by 
laying  a six-inch  water  main  from  a convenient  and  proper  point  to 
the  inclosure  of  the  shops  of  the  Chicago  and  Eastern  Illinois 
Railroad  Company  at  the  Danville  Junction,  in  Danville,  Illinois. 

§ 2.  That  the  said  city  of  Danville  hereby  further  requires  the 
said  Danville  Water  Company  to  put  at  the  places  hereinafter 
specified  three  additional  fire  hydrants  of  the  kind  required  by  the 
ordinance  of  the  said  city  of  Danville  relative  to  the  water  works 
of  the  said  Danville  Water  Company,  passed  and  approved  on  the 
9th  day  of  November,  1882 — that  is  to  say : 

No.  116.  One  hundred  and  seventy-two  feet  east  of  present  main 
and  southeast  of  hydrant  No.  101. 

No.  117.  One  hundred  and  seventy-two  feet  west  of  present  main 
and  southwest  of  hydrant  No.  101. 


336 


Appendix. 


No.  118.  One  hundred  feet  north  and  two  hundred  feet  east  of 
hydrant  No.  101. 

§ 3.  That  in  consideration  of  the  compliance  of  the  said  Dan- 
ville Water  Company  with  the  foregoing  request  and  requirements, 
the  said  city  of  Danville  hereby  rents  of  and  agrees  to  pay  to  the 
said  Danville  Water  Company  for  the  said  three  additional  hydrants 
during  the  unexpired  term  of  thirty  years  from  the  9th  day  of 
November,  1882,  at  the  rate  of  sixty-two  dollars  and  fifty  cents 
($62.50)  annually  for  each  hydrant,  payable  in  quarter-yearly  install- 
ments, commencing  when  the  said  hydrants  are  respectively  in  place 
and  ready  for  use,  for  the  uses  and  subject  to  the  terms  and  condi- 
tions of  the  said  ordinance,  passed  and  approved  on  the  9th  day  of 
November,  1882. 

§ 4.  That  the  said  quarter-yearly  payments  shall  be  made  the 
first  of  February,  the  first  of  May,  the  first  of  August  and  the  first 
of  November  in  each  year,  and  subject  to  termination  by  the  pur- 
chase of  the  water  works  aforesaid  by  the  said  city  of  Danville. 

§ 5.  That  this  ordinance  shall  become  binding  as  a contract  upon 
its  passage,  approval  and  publication : Provided , however , That  the 
said  Danville  Water  Company  shall,  within  ten  days  from  the  pub- 
lication hereof,  file  with  the  city  clerk  of  the  said  city  of  Danville 
an  acceptance  in  writing  of  all  its  terms,  conditions  and  provisions. 

Passed  September  3d,  1891  ; approved  September  17th,  1891. 

Attest : 

Joseph  Shatz,  John  Beard, 

City  Clerk.  Mayor. 

I,  Joseph  Shatz,  city  clerk  of  the  city  of  Danville,  do  hereby 
certify  that  the  above  and  foregoing  ordinance  was  published  in 
“ The  Danville  Daily  Press,”  (a  newspaper  published  in  this  city 
and  state,)  dated  September  18th,  1891. 

Joseph  Sjrytz, 

City  Clerk. 


Appendix. 


AN  ORDINANCE 

PROVIDING  FOR  EXTENDING  THE  PIPE  SYSTEM  OF  THE  DAN- 
VILLE WATER  COMPANY  AND  RENTING  OF  IT  ANOTHER  FIRE 

HYDRANT. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , in 
manner  following — that  is  to  say : 

§ 1.  That  the  city  of  Danville  requests  and  hereby  requires  the 
Danville  Water  Company  to  extend  its  pipe  system  to  reach  the 
southwest  corner  of  Madison  and  Mill  streets,  and  to  put  up  at  such 
corner  one  additional  fire  hydrant  of  the  kind  required  by  the  water 
works  ordinance  of  the  city  of  Danville,  passed  and  approved 
November  9th,  1882,  and  in  consideration  of  the  compliance  by  the 
said  water  company  with  the  foregoing  request  and  requirements, 
the  said  city  of  Danville  hereby  rents  the  said  hydrant  for  the  uses 
and  subject  to  the  conditions  stated  in  the  said  ordinance  of  Novem- 
ber 9’th,  1882,  for  and  during  the  uuexpired  term  of  thirty  years 
from  the  9th  day  of  November,  1882,  and  agrees  and  binds  itself 
to  pay  therefor  at  the  rate  of  sixty-two  dollars  and  fifty  cents  ($62.50) 
per  annum,  beginning  from  the  date  when  such  hydrant  shall  be  put 
into  successful  operation,  in  quarter-yearly  installments,  on  the  first 
days  of  February,  May,  August  and  November  of  each  year,  and 
terminating  upon  the  expiration  of  the  said  term  of  thirty  years  from 
the  9th  day  of  November,  1882,  or  upon  the  purchase  of  the  said 
works  and  their  privileges  and  property  by  the  said  city. 

§ 2.  This  ordinance  shall  become  binding  as  a contract  on  the  city 
of  Danville  in  the  event  that  the  Danville  Water  Company  shall, 
within  twenty  days  from  the  publication  of  this  ordinance,  file  with 
the  city  clerk  its  written  acceptance  of  it. 

Passed  November  5th,  1891;  approved  November  lltli,  1891. 

Attest : 

Joseph  Shatz,  John  Beard, 

City  Clerk.  Mayor. 

I,  Joseph  Shatz,  city  clerk  of  the  city  of  Danville,  do  hereby 
certify  that  the  above  and  foregoing  ordinance  was  published  in 
“ The  Danville  Evening  Commercial/’  (a  newspaper  published  in 
the  city  of  Danville,)  dated  Friday,  November  13th,  1891. 

Joseph  Shatz, 

Citv  Clerk. 


2*2 


338 


Appendix. 


AN  ORDINANCE 

granting  to  the  central  union  telephone  company  the  right 

TO  PLACE  AND  MAINTAIT  ITS  POLES  AND  WIRES  ON  THE  STREETS, 

ALLEYS  AND  PUBLIC  WAYS  OF  THE  CITY  OF  DANVILLE  ON  THE 

TERMS  AND  CONDITIONS  THEREIN  STATED. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
State  of  Illinois , That  the  right  is  hereby  granted  for  the  term  of 
fifteen  years,  to  the  Central  Union  Telephone  Company,  its 
successors  and  assigns,  to  place  and  maintain  upon  the  streets,  alleys 
and  public  ways  of  said  city,  the  poles,  wires  and  fixtures  necessary  and 
convenient,  for  supplying  to  the  citizens  of  said  city,  and  the  public 
communication  by  telephone  or  other  improved  electrical  device,  all 
on  the  terms  and  conditions  herein  set  forth  : Provided , nothing 
herein  contained  shall  be  deemed  and  taken  as  granting  an  exclusive 
franchise  to  said  Central  Union  Telephone  Company. 

§ 2.  The  location  of  the  poles  and  lines  now  existing  is  hereby 
approved,  except  that  all  poles  and  lines  which  are  now  on  any 
street  shall  be  removed  to  an  alley  where  there  is  an  alley  running 
parallel  with  such  street,  and  within  one  hundred  and  sixty  feet 
thereof,  and  any  change  therein  or  extension  thereof,  shall  be  made 
under  the  direction  of  the  mayor  and  the  committee  on  streets  and 
alleys  of  said  city. 

§ 3.  Such  poles,  wires  and  fixtures  shall  be  so  placed  and 
maintained  as  not  to  interfere  with  ordinary  travel  on  said  highways, 
and  said  company  shall  hold  and  keep  said  city  free  and  harmless 
from  all  damages  arising  by  reason  of  such  occupancy,  and  this 
right  is  given  and  shall  be  exercised  subject  to  all  reasonable  and 
proper  ordinances  and  regulations  relating  thereto,  which  said  city 
may  see  fit,  and  be  authorized  now  or  at  any  time  hereafter,  to  adopt. 

§ 4.  The  said  company  shall  allow  the  city’s  fire  alarm  and 
police  wires  to  be  attached  to  and  maintained  on  any  such  poles  : 
Provided , that  the  same  shall  be  done  at  the  expense  of  said  city  or 
of  the  contractor  with  said  city  and  under  the  direction  of  said 
company’s  local  manager  in  said  city,  and  so  as  not  to  interfere  writh 
said  company’s  business. 

§ 5.  Said  company  shall  furnish  to  said  city  in  consideration  of 
the  privileges  and  franchise  granted  by  this  ordinance,  for  city 


business,  and  without  charge,  and  so  long  as  an  exchange  is 
maintained  hereunder,  and  with  exchange  service,  one  telephone  at 
at  the  mayor’s  place  of  business ; one  at  the  residence  of  the  chief 
•of  the  fire  department  of  said  city ; one  at  the  office  of  the  corpor- 
ation counsel ; one  at  the  residence  of  city  marshal,  and  one  at 
office  of  city  clerk,  and  one  for  each  engine  or  hose  house  which 
said  city  may  maintain  ; and  also  such  other  and  additional  telephones, 
with  exchange  service  as  the  city  council  by  resolution  may  require, 
at  twenty-five  per  cent,  discount  from  the  rates  from  time  to  time 
charged  for  office  uses  : Provided , that  for  each  of  such  telephones 
so  furnished,  separate  contracts  shall  be  previously  signed  by  the 
mayor,  having  endorsed  thereon  the  terms  of  payment  herein 
specified. 

§ 6.  All  telephone  poles  shall,  so  far  as  practicable,  be  erected 
and  maintained  in  the  alleys  of  said  city  ; all  poles  erected  in  the 
streets  of  said  city  shall  be  straight,  smooth  and  shapely,  and  shall  be 
kept  neatly  painted  with  good  paint  of  a pleasing  color : Provided , 
that  said  poles  may  be  painted  black  for  a distance  of  not  more  than 
eight  feet  from  the  surface  of  the  street. 

§ 7.  No  person  shall  be  permitted  to  disfigure,  mar  or  use  such 
telephone  poles  for  the  purpose  of  advertising  anything,  or  for  any 
other  purpose  whatever,  without  the  consent  of  the  said  company 
and  the  city  council  of  said  city. 

§ 8.  Any  person  who  shall  disfigure,  mar,  or  in  any  manner 
interfere  with  the  said  telephone  poles  or  with  said  telephone  wires 
or  fixtures,  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

§ 9.  The  expense  of  publishing  this  ordinance  shall  be  paid  by 
said  Central  Union  Telephone  Company. 

§ 10.  This  ordinance  shall  be  in  full  force  from  and  after  its 
passage,  due  publication  and  the  filing  of  an  unconditional  acceptance 
of  the  terms  thereof  by  said  telephone  company  in  the  office  of  the 
city  clerk  of  said  city,  within  ten  days  from  its  passage. 

Passed  and  approved  July  20,  1891. 

Attest : 

Joseph  Shatz,  City  Clerk.  John  Beard,  Mayor. 

The  foregoing  ordinance  was  published  in  “ The  Danville  Daily 
Press,”  (the  same  being  a newspaper  published  in  said  city  of 
Danville,)  dated  July  25th,  1891. 


Joseph  Shatz,  City  Clerk. 


340 


Appendix. 


AN  ORDINANCE 


LOCATING  PUBLIC  PARKS,  AND  PROVIDING  FOR  THE  ISSUE  OF 

BONDS  TO  RAISE  FUNDS  WITH  WHICH  TO  PURCHASE  GROUNDS 

FOR  SUCH  PUBLIC  PARKS. 

§ 1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville 
Illinois , That  the  following  described  premises,  to-wit : Beginning 
at  the  southeast  corner  of  the  southwest  quarter  of  section  No.  nine 
(9),  township  No.  nineteen  (19)  north,  range  No.  eleven  (11)  westof 
2d  P.  M.;  thence  north  nine  hundred  and  twenty  (920)  links;  thence 
west  to  the  east  boundary  line  of  Illinois  street  as  laid  out  and  platted 
in  W.  C.  McRevnolds’  third  addition  to  Danville,  as  recorded  on 
page  237  of  Plat  Record  No.  1,  in  Vermilion  county,  Illinois ; 
thence  south  to  the  section  line,  and  thence  east  to  the  place  of  begin- 
ning, be  purchased  and  forever  set  apart  for  the  use  of  the  inhabitants 
of  said  city  as  a public  park  or  pleasure  ground,  to  be  known  as 
Douglas  Park. 

§ 2.  That  the  following  described  premises,  to-wit : The  southeast 
quarter  of  the  northeast  quarter  of  section  No.  six  (6),  township  No. 
nineteen  (19)  north,  range  No.  eleven  (11)  west  of  2d  P.  M.,  except  a 
strip  one  hundred  and  ninety-eight  (198)  feet  and  eleven  (11)  inches 
wide  off  of  the  east  side  thereof,  and  also  except  a strip  three  hundred 
and  forty-six  (346)  feet  and  six  (6)  inches  wide  off  of  the  south  side 
thereof,  be  purchased  and  forever  set  apart  for  the  use  of  the  inhab- 
itants of  said  city  as  a public  park  or  pleasure  ground,  to  be  known  as 
Lincoln  Park. 

§ 3.  That  for  the  purpose  of  raising  funds  with  which  to  purchase 
such  grounds,  and  improve  the  same,  there  shall  be  issued  the  bonds 
of  the  said  city  of  Danville  to  the  amount  of  fifteen  thousand  dol- 
lars, each  bond  to  be  of  the  denomination  and  value  of  one  thousand 
dollars,  and  bearing  interest  at  the  rate  of  five  per  cent,  per  annum, 
payable  annually  at  the  office  of  the  city  treasurer,  according  to  the 
tenor  of  the  coupons  attached  to  said  bonds;  the  principal  of  said 
bond.s  to  be  payable  at  the  same  place,  and  said  bonds  to  mature  and 
become  due  and  payable  as  follows — that  is  to  say:  Three  of  said 
bonds  to  become  due  and  payable  in  five  years  from  the  date  of  issue; 
three  in  six  years;  three  in  seven  years;  three  in  eight  years,  and 
three  in  nine  years  from  said  date  of  the  issue  of  said  bonds.  All  of 
said  bonds  to  be  issued  by  or  under  the  supervision  of  the  mayor  and 
the  committee  on  finance  of  said  city. 


Appendix. 


341 


§ 4.  That  there  shall  be  annually  included  in  the  annual  appro- 
priation ordinance  and  levied  and  collected  with  and  as  a part  of  the 
general  taxes  of  the  city  for  each  fiscal  year  hereafter,  until  all  of 
said  bonds  are  paid,  a sufficient  amount  of  taxes  to  pay  the  interest 
on  such  bonds  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal of  said  bonds  as  they  fall  due,  as  herein  provided. 

§ 5.  The  mayor  and  city  clerk  of  said  city  of  Danville  are  hereby 
authorized  to  sign  said  bonds  and  the  interest  coupons  thereto  attached 
so  as  to  bind  the  said  city  of  Danville  for  the  prompt  and  faithful 
payment  thereof. 

§ 6.  This  act  to  be  in  full  force  from  and  after  its  passage. 

Passed  and  approved  this  22d  day  of  May,  A.  D.  1891. 

Attest : 

Joseph  Shatz,  John  Beard, 

City  Clerk.  Mayor. 


342 


Appendix. 


AN  ORDINANCE 


IN  RELATION  TO  THE  CHICAGO  AND  EASTERN  ILLINOIS  RAILROAD 
COMPANY. 

§ 1 . Be  it  ordained  by  the  City  Council  of  the  City  of  Danville r 
County  of  Vermilion  and  State  of  Illinois , That  the  Chicago  and 
Eastern  Illinois  Railroad  Company,  its  successors,  lessees  or  assigns, 
is  hereby  authorized,  empowered  and  permitted  to  construct,  operate 
and  forever  maintain  a single  or  double  track  railway,  with  all  nec- 
essary switches,  in,  upon,  and  across  the  following  streets  in  said  city 
of  Danville,  and  any  and  all  intersecting  streets  and  alleys  at  the 
points  and  on  the  route  and  manner  hereinafter  designated,  to-wit : 

Beginning  at  a point  three  hundred  (300)  feet  south  at  right  angles, 
from  the  south  line  of  Fairchild  street,  in  the  city  of  Danville,  in 
the  county  of  Vermilion,  in  the  State  of  Illinois,  and  fifty  (50)  feet 
west  of  the  east  line  of  the  west  half  of  the  southwest  quarter  of 
section  tour  (4),  township  nineteen  (19)  north,  range  eleven  (11) 
west,  in  the  county  of  Vermilion  and  State  of  Illinois ; thence  south- 
easterly by  a curve  to  the  left  with  a radius  of  five  hundred  and 
twenty  (520)  feet,  crossing  the  center  line  of  Collett  street  two  hun- 
dred (200)  feet,  measured  on  the  center  line  of  said  street,  north  of 
the  center  line  of  the  Indiana,  Bloomington  and  Western  railroad 
track,  and  connecting  with  the  Evansville,  Terre  Haute  and  Chicago 
railway  track,  of  which  the  said  Chicago  and  Eastern  Illinois  Railroad 
Company  is  a lessee,  four  hundred  and  fifty-three  (453)  feet,  meas- 
ured on  the  center  line  of  railroad  track,  eastwardly  from  the  east 
line  of  said  Collett  street,  in  said  city  of  Danville,  in  accordance  with 
the  survey  and  profile  hereto  attached,  marked  Exhibit  “A,”  and 
made  a part  of  the  first  section  of  this  ordinance : However , Upon 
any  and  all  conditions,  limitations,  restrictions  and  provisions  which 
are  now  or  may  hereafter  be  lawfully  imposed  upon  said  company,, 
its  lessees,  successors  or  assigns — that  is  to  say : 

§ 2 That  the  fight  of  way  hereby  granted  to  the  said  Chicago 
and  Eastern  Illinois  Railroad  Company  in,  upon,  over  and  across  the 
above  mentioned  streets  and  alleys,  in  the  first  section  of  this  ordi- 
nance, is  upon  the  following  conditions:  Said  Chicago  and  Eastern 
Illinois  Railroad  Company  shall  pay  or  cause  to  be  paid  all  damages, 
incurred  by  any  private  property  holder  on  account  of  the  construc- 
tion, maintenance  or  use  of  this  railroad  as  aforesaid,  in,  upon,  over 


Appendix. 


343 


or  across  any  of  the  said  streets  and  alleys  mentioned  and  named  in 
the  first  section  of  this  ordinance,  and  shall  save  and  keep  said  city 
harmless  from  any  and  all  loss,  damages,  suits  or  outlay  of  money 
or  costs  on  account  of  or  by  reason  of  the  construction  or  use  of  said 
railroad  in,  upon  or  across  any  of  its  above  mentioned  streets  or 
intervening  alleys  by  reason  of  the  construction  and  use  of  said  rail- 
road. 

§ 3.  That  said  railroad  company  shall  have  the  right  to  use  said 
railroad  track  for  all  purposes  for  which  a railroad  track  is  used, 
and  shall  be  allowed  to  pass  all  or  any  of  its  trains  of  all  classes  and 
kinds  over  the  same  in  order  to  connect  the  said  railroad  tracks  at 
said  point  as  aforesaid. 

§ 4.  That  said  railroad  company,  its  lessees,  successors  or  assigns, 
shall  at  all  times  be  liable  and  conform  to  all  ordinances  of  said  city 
in  regard  to  the  rate  of  speed  of  running  trains,  and  as  to  signals  on 
crossings  or  other  points,  and  to  all  ordinances  in  relation  to  railroads 
now  or  hereafter  to  be  enacted  by  the  city  council  in  relation  to  rail- 
roads. 

§ 5.  This  ordinance  to  be  in  full  force  and  effect  from  and  after 
its  passage. 

Passed  and  approved  this  3d  day  of  April,  A.  D.  1884. 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  Dickason, 
Mayor. 


The  foregoing  ordinance  was  published  in  “ The  Danville  Leader,” 
(the  same  being  a newspaper  published  in  said  city  of  Danville,) 
dated  Friday,  April  18th,  A.  D.  1884. 


A.  C.  Freeman, 

City  Clerk. 


INDEX. 


INDEX 


Note — “cl”  stands  for  clause. 

ACCOUNTS.  laws.  Page.  Section. 

Treasurer  to  keep,  of  each  separate  fund 36  93 

Clerk  to  keep,  of  outstanding  bonds 39  106 

City  collector  to  keep,  as  prescribed  by  council 37  100 

In  case  of  dispute,  appeal  to  finance  committee 40  108 

ORDINANCES. 

City  collector  to  keep,  books  of 114  7 

ACCESSORIES. 

Defined  and  punished 187  69 

ACTIONS.  laws. 

To  recover  fines  and  penalties,  how  brought 27  66 

Summons — affidavit — punishment ' 28  68 

Form  of  process — arrest — imprisonment 85  267 

ORDINANCES. 

Statement  to  be  filed 217  22 

No  process  necessary  when  lawful  arrest  made  without 
warrant 217  23 

ADDITIONS.  (See  Plats.)  laws. 

Plat  of,  to  be  submitted  to  council 66  173 

ORDINANCE. 

Streets  of,  must  correspond  with  established  streets 93  1 

Plat  of,  must  be  submitted  to  council 93  2 

Not  valid  unless  approved  by  council 94  2 

Penalty  for  selling  lots  in  addition  not  approved 94  4 

Penalty  for  recording  plat  of,  not  approved 94  3 

Plat  of,  to  have  certificate  signed  by  mayor  and  clerk......  94  5 

ADVERTISEMENTS.  laws. 

Power  of  council  to  regulate  posting  of 20  17cl 

Power  to  regulate  carrying  of 20  18cl 

For  bids  for  public  improvements 58  164 


348 


Index. 


ALDERMEN.  laws.  Page.  Section. 

May  be  elected  on  general  ticket 5 7 

At  first  election  classified 16  52 

Number  of 10  30 

Term  of  office 12  31 

Vacancy,  how  filled 12  32 

Qualifications  of  aldermen 12  33 

Not  to  be  interested  in  any  contract  with  city.... 12  33 

Not  eligible  to  other  office  under  city 12  33 

Ineligibility  of 12  33. 

Office  of,  vacated  by  conviction  of  bribery 12  35 

May  be  expelled  but  once  for  same  offense 12  35 

Any  two,  may  lay  over  report 13  43 

May  call  special  meeting  of  council 14  45 

Aldermen  under  minority  plan 17  54 

Conservators  of  peace,  powers  of 32  83 

Compensation  of,  limited 33  85 

ORDINANCES. 

Contesting  election  of 133  23 

Compensation  of 135  2 

Not  required  to  give  bonds  as ♦ 198  3 

Not  to  be  commissioned  as  other  officers 199  5 

Members  of  the  police  department 211  1 

Three,  may  call  special  meeting  of  council 226  1 

AMUSEMENTS.  laws. 

Power  of  council  to  license,  tax,  etc 22  41cl 

Power  to  regulate  places  of 23  58cl 

Power  to  prevent  certain : 26  92cl 

ORDINANCES. 

Keeping  place  of,  open  on  Sunday 179  26 

Carrying  on,  on  Sunday 179  27 

Classification  of 95  1 

License  required 96  2 

License  and'fees 96  3 

Class  and  fee  to  be  decided  by  mayor 96  4 

License  subject  to  all  ordinances 96  5 

Entertainments  where  liquor  is  sold 96  6 

Owners,  lessees  or  agents  must  see  that  license  is  procured  97 

Chairs  not  allowed  in  aisles 97  8 

Persons  not  allowed  to  loiter  in  hallways,  etc.... 97  9 

Minors  not  allowed  at  variety  shows  where  liquor  is  sold...  97  10 

License  not  to  issue  to  or  authorize  an  indecent  play 97  11 

Good  order  must  be  preserved — penalty ! 98  12 

Penalty  for  disorderly  conduct  at  places  of 98  13 

Mayor  to  grant  permission  to  circus  to  parade  streets 98  14 

Shooting  galleries,  license  required  for 99  15 


Index. 


349 


ANIMALS.  laws.  Page.  Section. 

Power  to  regulate  speed  of 20  21cl 

Power  to  punish  cruelty  to 25  73cl 

Power  to  prohibit,  running  at  large 25  80cl 

Prohibited  at  large  within  corporate  limits 90  1 

May  be  restrained  by  anyone  finding  at  large  90  3 

ORDINANCES. 

Prohibited  from  running  at  large 10  1 

Penalty  for  permitting,  to  run  at  large..* 100  2 

May  be  impounded 100  3 

Shall  be  fed  by  poundmaster  while  in  pound 101  4 

Police  to  take  up  and  impound 101  5 

Any  citizen  may  impound 101  6 

Redemption  of  impounded 101  7 

Proceeding  when  not  redeemed 102  8 

Releasing  animals  from  pound  without  authority 105  16 

Wrongful  taking  of,  to  pound 105  17 

Driving  loose  animals  through  the  streets 106  23 

Killing  diseased,  for  meat Ill  3 

Selling  diseased,  for  food Ill  4 

Driving  unhaltered  horses,  etc.,  through  streets 188  73 

Indecent  exhibition  of. 176  13 

Leaving,  unfastened 180  31 

Cruelty  to... 179  29 

Dead,  becoming  offensive  a nuisance 191  7 

Removal  of,  in  offensive  manner 191  8 

Turning,  into  parks  prohibited 204  3 

Driving,  on  sidewalks 252  21 

ANNEXA  TION  OF  TERRITORY. 

Petition  to  be  annexed 69  195 

Not  to  annex  less  than  the  whole,  except 69  195 

Annexing  one  corporation  to  another 70  196 

Proceeding  by  corporation  to  annex 70  197 

Contents  of  petition 70  197 

Notice  of  proceedings 71  198 

Objections  to  annexation,  hdw  made 71  199 

Trial  may  be  continued 71  199 

Finding  by  court — costs 71  200 

Proceedings  by  owners  to  be  annexed 71  201 

Proceedings  to  disconnect  territory 72  202 

Map  and  ordinance  to  be  recorded 72  203 

School  districts  may  use  act 72  204 

Courts  to  take  judicial  notice 72  205 

Owners  desiring  to  disconnect 73  205a 

Petition  required 73  205a 


350 


Index. 


ANNEXATION  OF  TERRITORY— Continued.  Page.  Section. 

Property  disconnected  not  exempt  from  taxes 73  205a 

Ordinance  recorded — 73  205b 

Courts  to  take  judicial  notice  of  the  change 73  205c 

APPEAL.  laws. 

Appeal  from  special  assessments  not  to  invalidate,  etc 53  148 

City  not  required  to  furnish  bond 67  177 

APPOINTMENT.  laws. 

Of  persons  to  revise  ordinances 10  28 

Mayor  to  make,  of  officers 30  74 

ORDINANCES. 

Of  city  collector 113  1 

Of  city  engineer 115  1 

Of  corporation  counsel  ! 122  2 

Of  city  weighers 119  1 

Of  poundkeepers 100  3 

Of  commissioner  of  health 149  2 

Of  assistant  commissioners  of  health 150  4 

Of  members  of  the  police  force 211  2 

Of  special  police 214  12 

Of  temporary  police 214  13 

Of  standing  committees  of  council 227  2 

APPROPRIATIONS.  laws. 

Yea  and  nay  vote  to  be  taken  upon 13  41 

Mayor  may  veto  items  of  appropriation 14  46 

Annual  appropriation  ordinance 34  89 

Ordinance  making,  to  be  published.. 27  64 

When  to  be  made 34  89 

Additional,  to  be  first  sanctioned  by  a majority  of  voters...  35  89 

Limitation  of  expenditures 35  90 

Salaries  may  be  fixed  in,  etc 76  244 

AREA-WAYS. 

Entrance  to,  on  sidewalks,  how  protected 250  13 

Must  have  a permit  to  construct,  under  walks 249  11 

Coal  holes 250  14 

ARRESTS. 

Police  officers  may  make 215  15 

Made  at  night 217  20 

Without  warrant 217  23 

Of  persons  escaped  from  custody 220  36 

Posse  comitatus  to  make 221  37 

Officer  making,  to  appear  as  witness 218  25 


Index. 


351 


ASHES.  laws.  Page.  Section. 

Power  to  regulate  the  deposit  of 20  15cl 

Power  to  prevent  deposit  of,  in  unsafe  places 24  63cl 

ORDINANCES. 

Deposit  of 143  19 

Throwing,  on  streets  or  alleys 259  18 

ASSEMBLAGES. 

Unlawful,  defined  and  prohibited 174  1 

Permitting  unlawful 175  4 

ASSAULT,  AFFRAYS,  ETC. 

Punishment  of 174  2 

ATTORNEY— CITY.  laws. 

Election  of,  biennially 15  49 

To  be  elected 29  72 

ORDINANCES. 

Salary  of. 135  4 

Duties  of 200  12 

ATTEMPT  TO  COMMIT  OFFENSE. 

Punishment  for 187  68 

AUCTIONEERS.  laws. 

Power  to  license  and  regulate 26  91cl 

ORDINANCE. 

All  goods  sold  at  auction  to  be  sold  by 107  1 

Must  have  a license — fee — bond 107  2 

License  may  issue  for  less  than  one  year 107  2 

Application  for  license  to  be  made  in  writing 107  3 

License  not  transferable,  except  by  mayor’s  consent 107  3 

Auctioneer’s  clerks  to  be  named  in  license 108  4 

License  may  be  revoked 108  5 

Certain  things  may  be  sold  by,  on  streets,  etc 108  6 

Penalty  for  substituting  one  article  for  another 108  7 

Penalties  for  selling  at  auction  without  license 108  8 

AWNINGS.  laws. 

Power  to  regulate 20  17cl 

ORDINANCE. 

Obstructing  street  by 251  16 

How  constructed 251  16 

Penalty  for  violating  ordinance  relating  to 251  16 

IB. 

BADGES. 

Police  may  be  required  to  wear 221  38 

Members  of  fire  department  to  wear 147  35 


352 


Index. 


BALL -PLAYING.  laws.  Page.  Section. 

Power  to  regulate  and  prevent 26  92cl 

ORDINANCES. 

Prohibited  in  inhabited  parts  of  city 181  40 

Not  allowed  on  streets 183  53 

BALLOTS  AND  BALLOT  BOXES. 

LAWS. 

Form  of,  for  organizing  city  under  general  law 4 3 

' ORDINANCES. 

Ballot  box  to  be  provided  by  clerk 129  8 

Manner  of  constructing  ballot  boxes 129  8 

City  clerk  shall  prepare  all  ballots,  etc. 129  9 

Ballots  shall  be  provided  at  expense  of  city 129  9 

Boxes  to  be  opened  and  exhibited  before  election  begins...  130  12 

“Defective,”  “objected  to”  and  “excess”  ballots 130  14 

Disposition  of  ballots,  when  and  how  destroyed 131  15 

To  be  returned  to  city  clerk 131  16 

Opening  and  counting  ballots  in  contest  cases 134  28 

BAWDY-HOUSES.  (See  Houses  of  Ill-Fame.) 

BAGATELLE.  (See  Billiards.) 

BICYCLES. 

Riding,  on  sidewalks  permitted  in  certain  cases 254  28 

Not  allowed  on  certain  streets 254  28 

BILLIARD  TABLES.  laws. 

Power  to  license,  regulate  and  prohibit 22  44cl 

ORDINANCES. 

Penalty  for  keeping,  without  license 109  1 

License  fee  required 109  2 

When  billiard  room  to  be  closed • 109  3 

Not  to  allow  minors  at,  where  liquor  is  sold  110  4 

Minors  not  allowed  to  loiter  around,  except,  etc 110  5 

Keeping  open  on  Sunday 179  26 

BILL  POSTING.  laws. 

Power  to  regulate 20  17cl 

ORDINANCES. 

Punishment  for  posting  without  owner’s  consent 183  51 

In  public  parks  forbidden 206  14 

BOARD  OF  HEALTH.  (See  Health  Department.) 

BOISTEROUS  CONDUCT. 

By  driver  of  cab,  coach,  dray,  etc 266  8 


Index. 


353 


BONDS.  laws.  Page.  Section. 

Power  of  council  to  issue 19  5cl 

To  be  given  by  all  city  officers 30  75 

Penal  sum,  how  approved,  where  filed 30  75 

Record  of,  kept  by  clerk 39  106 

ORDINANCES. 

Auctioneers  must  give 107  1 

Dramshop  keepers  to  give  to  People,  etc.,  and  to  city 165  4 

Pawnbroker  required  to  give 207  2 

Second-hand  dealer  required  to  give 233  3 

Must  be  given  before  paved  street  is  opened 262  31 

Required  before  granting  vehicle  license 265  5 

BONDS— OFFICIAL.  laws. 

To  be  given  by  all  city  officers 30  75 

Penal  sum,  and  how  approved 30  75 

Bond  of  mayor — limit 30  75 

ordinances. 

Poundkeeper  to  give 10 ' 3 

City  collector  to  give 113  2 

City  engineer  to  give 115  2 

City  weighers  to  give 119  2 

Corporation  counsel  to  give 122  3 

Of  city  officers 198  3 

Sureties  on  198  4 

New  bond  may  be  required,  when 198  4 

Amount  of,  in  cert 'in  cases 198  3 

Of  policemen 212  3 

BONFIRES. 

Not  to  be  built  at  night,  except  by  permit 143  20* 

Not  allowed  in  parks 205  11 

BOUNDARY. 

Of  ward  No.  1 268 

Of  ward  No.  2 268 

Of  ward  No.  3 269 

Of  ward  No.  4 269 

Of  ward  No.  5 269 

Of  ward  No.  6 270 

Of  ward  No.  7 271 

BORROWING  MONEY.  laws. 

Limited  to  five  per  cent,  of  valuation 19  5cl 

BOYS.  ordinances. 

Loitering  about  churches,  theatres,  stores,  etc 188  72 

Climbing  on  fences,  shade  trees,  etc.,  without  leave 182  42 

Rolling  hoop,  playing  ball,  etc 181  40 

Making  disturbance 181  39 

23 


354 


Index. 


BRIBERY.  laws. 

Conviction  of,  disqualifies  alderman 

Penalty  for 

BRIDGES.  laws. 

Power  to  construct  and  keep  in  repair 

Power  to  regulate  passing  of 22 

Power  to  establish  toll > 

City  may  build,  within  five  miles  of  limits 67 

Control  of  outside  bridges  built  by  city  by  city  council 

Regulating  speed  over,  and  penalties, f arrests,  etc 

ORDINANCES. 

Committee  on,  to  be  appointed  by  mayor 227 

Duties  of  committee  on 

Boys  climbing  on,  punishment  for 

Injuring 

Fast  driving  over 

Railroads  to  construct,  over  streets,  etc 

BUILDINGS.  laws. 

Power  to  prescribe  mode  of  construction 

Power  to  fix  limits  within  which  wooden,  shall  not  be 
Power  to  tear  down,  when  damaged  by  fire  or  decay.. 

To  provide  for  erection,  etc.,  of  public 

To  require  dangerous,  to  be  put  in  safe  condition 

ORDINANCES. 

Numbering  of 260 

Penalty  for  not  numbering 261 

Numbering  on  new  building 

Permit  must  be  obtained  for,  in  fire  limits 137 

Character  of,  in  fire  limits 137 

Plans  and  specifications  for,  to  be  submitted  to  city  engineer  137 

No  wooden,  allowed  in  fire  limits 138 

Removal  of  wooden 138 

Wooden  building  defined 138 

Wooden,  declared  a nuisance 139 

How  to  abate  nuisance  of  wooden  139 

Damaged,  to  be  removed 139 

Procedure  for  condemnation  of 139 

Removal  of  damaged,  penalty 

Fife  in,  how  to  be  built 

Outdoor  fires  near  to 143 

Malicious  injury  to 182 

Dilapidated,  a nuisance 193 

How  to  abate  nuisance  of  dilapidated 194 

Owner  of  dilapidated,  to  be  notified  to  abate 194 

Dilapidated,  to  be  destroyed 


Page.  Section. 


12 

33 

31 

79 

21 

28cl 

22 

38cl 

26 

87cl 

67 

194 

68 

194a 

68 

194b 

227 

2 

228 

12 

182 

42 

182 

44 

185 

59 

223 

4 

23 

61cl 

24 

62cl 

24 

62cl 

26 

86cl 

24 

63cl 

260 

23 

261 

27 

261 

28 

137 

2 

137 

3 

137 

2 

138 

4 

138 

5 

138 

6 

139 

7 

139 

7 

139 

8 

139 

9 

140 

10 

143 

22 

143 

22 

182 

44 

193 

17 

194 

18 

194 

19 

194 

19 

Index. 


355 


/BUILDINGS — Continued.  Page.  Section. 

Expense  of  abating  dilapidated,  to  be  paid  by  owner 195  20 

In  danger  of  falling,  a nuisance 195  22 

Mayor  to  summon  disinterested  citizens  to  condemn 195  23 

Material  in  street 256  4 

Removal  of,  through  streets 258  12 

Standing  in  street  not  to  be  repaired 258  11 

BURGLAR  TOOLS. 

Having,  in  possession  punished 181  36 

BUTCHERS.  ORDINANCES. 

License  required 110  1 

To  keep  a record  book  of  all  animals  slaughtered Ill  2 

Killing  diseased  animals Ill  3 

Selling  diseased  animals  or  flesh Ill  4 

Selling  unwholesome  provisions 112  5 

Displaying  produce,  etc.,  on  benches 112  6 

Inspectors  of  meat 112  7 

Oftal  not  to  be  discharged  into  sewer 244  15 

Permit  must  be  had  to  operate  slaughter  house 192  12 

•Operating  slaughter  house  in  offensive  manner 192  13 

Written  application  for  slaughter  house  permit  to  be  made  192  14 

Council  has  discretion  in  granting  permit  for  slaughter 

house 193  14 

O. 

CARS.  laws. 

Power  to  regulate  speed  of,  in  city 20  21cl 

ORDINANCES. 

Penalty  for  running,  over  fire  hose 148  39 

Throwing  stones  at  street 186  62 

Minors  climbing  on  street 186  63 

Refusing  to  pay  fare  on  street 186  64 

Disorderly  conduct  on  street 186  65 

Obstructing  operation  of  street 186  66 

Regulating  speed  of. 223  1 

Obstructing  street  with 223  2 

CARTS. 

Carrying  offensive  matter  to  be  tightly  covered 192  11 

CELLARS.  laws. 

Power  to  abate  nuisance  in 25  84cl 

ORDINANCES. 

Under  sidewalks  forbidden 249  10 

Under  sidewalks  must  be  built  by  permit  from  city  council  249  11 


356 


Index. 


CELLARS — Continued.  Page.  Section.. 

Cellar  door  in  street  open  at  night 257  7 

Foul,  a nuisance 190  3 

CEMETERIES.  laws. 

Power  to  regulate,  establish  and  remove 25  79cl 

May  prohibit  within  one  mile  of  city  limits 25  79ct 

ORDINANCES. 

Dead  body  not«to  be  interred  in,  without  permit 153  14 

CENSUS.  laws. 

Authority  to  take 06  175 

Courts  to  take  judicial  notice  of  population 67  175 

CHEESE.  laws. 

Power  to  regulate  sale  of 23  50cl 

Power  to  regulate  inspection  of 23  53cl 

CHIMNEYS.  (See  Buildings.)  laws. 

Power  to  regulate  construction  of. 24  *63cl 

ORDINANCES. 

Manner  of  constructing 140  12 

Burning  out 143  23 

To  be  kept  perfectly  secure — penalty 195  21 

CHURCHES.  ( See  Religious  Assemblies.) 

CIRCUS.  (See  Shows.)  laws. 

Power  to  tax,  license  and  prohibit 22  41cl 

ORDINANCES. 

License  fee  required 96  3 

CISTERNS.  laws. 

Power  to  regulate  construction  and  use  of. 23  57 

CITIES.  laws. 

Organization  of,  under  general  law 3 1 

How,  may  adopt  general  law 3 1 

How  town  may  become  city 4 4 

Organization — petition,  election,  result 4 5 

Courts  to  take  judicial  notice  of  organization 5 6 

Prior  laws  in  force  in 5 6 

Election  of  officers  in  newly  organized  5 7 

Corporate  name,  powers  of. 6 10 

Prior  ordinances  in  force  until,  etc 6 11 

Legal  identity  not  affected  by 6 11 

Rights  and  property  of  old  corporation  to  vest  in  new 6 12 

Record  of  result  of  election 6 13 

[ Number  of  aldermen  in 10  2 

Not  to  become  indebted  to  amount  exceeding,  etc 19  5cL 


Index. 


357 


CITIES— Continued.  Page.  Section. 

Fiscal  year  of 34  88 

Power  to  make  improvements  by  special  assessments 45  116 

May  buy  in  property  sold  for  special  assessments 57  159 

May  adopt  Article  IX 54  168 

Tax-payer  may  enforce  rights  in  name  of  city.  66  172 

Inhabitants  of,  competent  as  jurors 66  174 

Municipal  year  of 67  176 

City  need  not  give  appeal  bond 67  177 

CITY  COUNCIL.  laws. 

To  submit  question  of  incorporation  under  general  law 3 1 

Canvass  returns  of  election  on  organization 4 3 

May  elect  mayor  pro  tern 8 17 

May  disapprove  of  removal  of  officer 9 20 

Fix  compensation  of  revisers  of  ordinances i 10  28 

How  composed 10  29 

Judge  of  election  and  qualification  of  members 12  34 

May  punish  members — expulsion 12  35 

Determine  its  own  rules 12  35 

A majority  shall  constitute  a quorum 13  36 

May  compel  attendance  of  absentees 13  36 

Meetings  of 13  37 

May  elect  temporary  chairman 13  38 

Shall  sit  with  open  doors A 13  39 

Shall  keep  a journal  of  its  proceedings. 13  40 

Yeas  and  nays,  when  taken 13  41 

Two-thirds  vote  to  sell  city  property 13  41 

Not  to  rescind  vote  at  special  meeting  unless,  etc 13  42 

When  committee  report  laid  over •• 13  43 

Territorial  jurisdiction  of. 13  44 

Special  meetings  of,  how  called 14  45 

Vetoed  ordinances  returned  to - 14  46 

Two-thirds  vote  required  to  pass  vetoed  ordinance 14  47 

Shall  designate  place  of  election 17  56 

May  divide  city  into  wards 15  51 

•Shall  give  notice  of  and  appoint  judges,  etc.,  of  election...  17  56 

Shall  canvass  returns  of  election 17  57 

Shall  cause  a statement  of  result  to  be  entered  on  journal  17  . 57 

To  control  finances  of  city 19  62 

To  appropriate  money  for  corporate  purposes 19  2cl 

To  levy  and  collect  taxes  for  corporate  purposes 19  3cl 

To  fix  amount,  terms,  etc.,  of  license 19  4cl 

Borrow  money  and  issue  bonds 19  5cl 

Levy  tax  to  pay  indebtedness 19  5cl 

Issue  bonds  in  place  of  maturing  bonds 19  6cl 


358 


Index. 


CITY  COUNCIL — Continued.  Page.  Section 

Open,  alter  and  improve  streets,  etc 19  7cl 

To  plant  trees  upon  streets 20  8cl 

To  regulate  the  use  of  streets 20  9cl 

To  prevent  and  remove  obstructions  on  same 20  lOci. 

To  provide  for  lighting  same 20  llcl 

To  provide  for  cleansing  same 20  12cl 

Regulate  openings  therein  for  gas,  etc.,  sewers,  etc 20  13cl 

Regulate  use  of  sidewalks 20  14cl 

To  require  the  removal  of  snow,  etc 20  14cl 

Prevent  depositing  of  ashes,  etc.,  in  streets 20  • 15cl 

Provide  for  crosswalks,  curbs  and  gutters 20  16ct: 

Regulate  use  of  streets  for  signs,  etc 20  17cl 

Regulate  the  carrying  of  banners,  etc 20  18cf 

Regulate  the  flying  of  flags,  etc 20  19cl 

Regulate  traffic  and  sales  on  streets 20  20cl 

Regulate  the  speed  of  animals,  locomotives,  etc 20  21cl 

Regulate  the  numbering  of  houses,  etc 20  22ci 

To  name  and  change  the  name  of  streets. 21  23cl; 

Permit  and  regulate  laying  street  railway  tracks 21  24cl 

To  provide  for  and  change  grad£  of  railroads 21  25cl 

Powers  over  railroad  companies 21  26cl 

To  construct,  etc.,  bridges,  viaducts,  tunnels,  etc 21  28cL 

To  construct,  etc.,  culverts,  drains,  sewers,  etc 21  29cf 

To  deepen,  widen,  etc.,  channel  of  water  courses.  ...  21  30cl 

To  construct  canals,  etc.,  for  commerce. ••  21  31cl 

To  erect  landing  places,  wharves,  etc 21  32cl 

To  regulate  private  landing  places. 22  33cl 

To  regulate  anchorage,  etc.,  of  water  craft 22  33cl 

Regulate  wharf  and  other  boats 22  34cl 

To  license  wharf  boats,  etc 22  35cl 

To  fix  rate  of  wharfage,  etc 22  36cl 

To  collect  wharfage  from  all  boats,  etc 22  37cl 

To  make  regulations  for  harbors 22  38cl 

To  appoint  harbor-masters 22  39cl 

To  provide  for  cleansing  water  courses,  etc 22  40cl 

To  license,  etc.,  hawkers,  peddlers,  theatricals,  amuse* 

ments,  etc 22  41-44cl 

To  suppress  bawdy  and  gambling  houses '22  45cl 

To  regulate  sale  of  intoxicating  liquors 22  46cf 

Punish  selling  of  liquors  to  minors 23  48cf 

To  establish  market  houses,  etc 23  49cl 

To  regulate  sale  of  meats,  etc.,  and  provide  place,  etc 23  50ci 

To  prevent  and  punish  forestalling,  etc 23  51cl 

To  regulate  sale  of  bread  and  prescribe  weight,  etc 23  52cl 

To  provide  for  inspection  of  meats,  etc i 23  53ck 


Index.  359 


CITY  COUNCIL — Continued.  Page.  Section. 

To  regulate  inspection  and  measurement  of  lumber,  wood, 

etc 23  54cl 

To  provide  for  sealing,  etc.,  of  weights  and  measures 23  55cl 

To  enforce  the  keeping  of  proper  weights,  etc 23  56cl 

To  regulate  construction  of  cisterns,  etc 23  57cl 

To  regulate  places  of  amusement .* 23  58cl 

- To  prevent  intoxication,  etc.,  and  disorderly  conduct 23  59cl 

To  regulate  partition  fences  and  party  walls 23  60cl 

To  regulate  construction  of  buildings — fire  escapes 23  61cl 

Power  to  prescribe  fire  limits 24  62ci 

To  prevent  dangerous  construction  of  chimneys 24  63cl 

Provide  engine  houses  and  fire  engines.. 24  64cl 

Regulate  storage  of  combustibles  and  fireworks 24  65cl 

Regulate  the  police  of  the  city. 24  66cl 

Provide  for  the  inspection  of  steam  boilers 24  67cl 

Establish  calabooses  and  workhouses 24  69cl 

Use  county  jail  for  offenders 24  70cl 

To  regulate  the  relation  between  officers 24  71cl 

Prevent  and  suppress  riots,  routs,  affrays 25  72cl 

To  prevent  cruelty  to  animals 25  73cl 

To  punish  vagrants,  mendicants  and  prostitutes 25  74cl 

To  define  a nuisance  and  to  abate  the  same 25  75cl 

Appoint  board  of  health 25  76cl 

Establish  hospitals 25  77cl 

Make  health  regulations 25  78cl 

Establish  and  regulate  cemeteries 25  79cl 

Prohibit  stock  running  at  large. 25  80cl 

Impose  a tax  on  dogs 25  80cl 

Regulate  packing  houses,  renderies,  etc 25  81cl 

Prohibit  unwholesome  business 25  83cl 

To  compel  the  removal  of  unwholesome  business. 25  84cl 

Power  to  take  census 25  85cl 

Provide  for  erection  of  public  buildings. 26  86cl 

Establish  ferries  and  toll  bridges 26  87cl 

Authorize  construction  of  mills  and  millraces. 26  88cl 

Extend  street  or  construct  sewer  through  railroad  lands...  26  89cl 

Grant  privilege  to  lay  railroad  track  only  on  petition... 26  90cl 

License  and  regulate  auctioneers,  etc 26  91cl 

Regulate  rolling  of  hoops,  etc.,  on  streets 26  92cl 

Regulate  the  keeping  of  lumber  yards  in  fire  limits 26  93cl 

Provide  for  furnishing  supplies  by  contract 26  94cl 

License,  etc.,  junk  and  second-hand  dealers 27  95cl 

Pass  all  necessary  ordinances,  etc 27  96cl 

Jurisdiction  over  waters 29  71 

Council  to  be  elected 29  72 


360 


Index. 


CITY  COUNCIL — Continued.  Page.  Sestion. 

Create  and  discontinue  offices 29  73 

May  define  powers  and  duties  of  officers 30  74 

Journal  of,  kept  by  clerk 32  81 

To  fix  compensation  of  mayor 33  84 

Pass  annual  appropriation  bill 34  89 

Order  improvements  after  appropriation  is  made 35  90 

May  make  temporary  loan,  when 35  90 

Provide  for  the  payment  of  judgments 35  90 

Contracting  liabilities  limited 35  91 

Deposit  of  city  funds 36  96 

May  levy  and  collect  taxes 41  111 

Make  improvements  by  special  assessments  or  special  tax- 
ation  45  116 

Appoint  committee  to  estimate  cost 49  135 

Order  petition  for  special  tax  filed  in  court 50  136 

May  order  purchase  of  delinquent  assessments 57  159 

May  annul  special  assessment. 57  160 

May  order  new  assessment  against  delinquents 57  162 

May  provide  for  a supply  of  water 65  169 

Acquire  property  for  water  works 65  170 

Make  regulations,  rates,  etc.,  concerning  water 65  171 

May  levy  tax  and  appropriate  money  for  water  works 65  171 

Approve  maps,  plats,  subdivisions,  etc 66  173 

Provide  for  labor  by  prisoners — workhouse 85  267 

May  annex  territory  upon  petition 69  195 

Proceeding  by  corporation  to  annex  territory 70  197 

May  disconnect  territory 72  205a 

May  contract  for  water  supply 75  242 

May  fix  maximum  rates  for  water 76  243a 

May  levy  taxes  for  sewerage  purposes 78  253 

May  levy  tax  for  extension  of  water  mains 79  254 

May  require  certain  persons  to  labor  on  streets 81  258a 

May  construct  drains,  etc 86  1 

May  pay  therefor  by  special  assessments. 87  2 

Proceedings  in  such  case 87  3 

May  convey  real  estate  in  certain  case.... 87  1 

Ordinance  therefor — notice — bids 87  2 

May  provide  for  pleasure  driveways 88  1 

May  provide  for  inspection  of  steam  boilers 89  1 

May  regulate  travel  and  speed  on  pleasure  drives 89  3 

Have  control  of  bridges  built  by  city  outside  city  limits 68  194a 

ORDINANCES. 

Maps,  plats  and  additions  approved  by 94  2 

Shall  provide  pounds  for  animals  running  at  large.; 100  3 

To  approve  bond  of  poundkeeper 101  3 


Index. 


361 


CITY  COUNCIL — Continued.  Page.  Section. 

May  provide  for  additional  poundkeepers 105  19 

May  order  marshal  or  policeman  to  act  as  poundkeeper...  105  20 

May  revoke  license  of  auctioneers 108  5 

To  confirm  appointment  of  city  collector 113  1 

To  confirm  appointment  of  city  engineer 115  1 

May  require  city  engineer  to  make  plans,  surveys,  etc 116  5 

May  require  additfonal  duties  from  city  engineer 118  17 

Not  to  allow  claims  unless  they  are  svvorn  to 121  1 

To  confirm  appointment  of  corporation  counsel 122  2 

Shall  appoint  judges  and  clerks  of  election 128  4 

Shall  canvass  returns  of  elections. 131  17 

May  decide  tie  elections 132  18 

May  order  new  election,  when. 132  20 

Is  the  tribunal  for  hearing  aldermanic  contests 133  23 

Shall  fix  time  for  taking  testimony  in  contested  election 

cases 133  25 

Shall  decide  contested  election  of  aldermen 134  27 

May  make  complaint  under  fire  ordinance  that  building  is 

damaged,  etc 139  9 

Shall  provide  for  the  removal  of  lumber  yards  from  fire 

limits 146  31 

To  confirm  appointment  of  health  commissioner 149  2 

May  grant  license  to  itinerant  merchant. * 156  3 

May  exempt  bona  fide  resident  from  paying  license  fee 157  7 

Licenses  not  transferable  without  consent  of 162  5 

May,  with  mayor,  grant  dramshop  license 164  3 

To  approve  bonds  of  dramshop  keepers 165  4 

Applications  for  dramshop  license  presented  to 165  6 

Dramshop  license  not  transferable  without  consent  of. 170  22 

To  confirm  appointive  officers 197  1 

Records  of  officers  open  to  inspection  of. 199  8 

To  confirm  appointment  of  policemen 211  2 

May  order  culvert,  crossing,  etc.,  over  railroad  repaired...  224  6 

Rules  of. * 229  15 

Meetings  of 226  1 

Standing  committees  of 227  2 

May  prescribe  regulations  for  bicycle  riding  on  walks 254  28 

May  grant  permit  to  make  opening  in  paved  street,  when  262  31 

Supplies  to  be  purchased  on  contract  let  by 263  1 

Shall  designate  who  shall  purchase  supplies 263  3 

Shall  make  contract  for  board  of  prisoners 264  6 

CITY  CLERK.  laws. 

Ordinances  to  be  deposited  in  the  office  of.... ¥ 14  46 

When  to  be  elected 15  49 


362 


Index. 


CITY  CLERK — Continued.  Page.  Section. 

Returns  of  election  made  to. 17  57 

To  notify  persons  elected  or  appointed  to  office 18  59 

When  to  call  special  election 18  60 

Certify  to  ordinances 27  65 

Oath  and  bond  of  officers  to  be  filed  with 30  75 

His  bond  filed  with  treasurer...'. 31  75 

Receives  certificate  from  the  mayor * 31  76 

Signs  commissions  of  city  officers 31  76 

Not  to  hold  other  office.. * 32  80 

Shall  attend  meetings  of  city  council 32  81 

Record  all  ordinances 32  82 

May  administer  oaths 33  87 

Give  receipts  to  collector,  when. 38  100 

Perform  duties  of  comptroller,  when 39  104-105 

May  appoint  clerks  and  subordinates 40  109 

File  certified  copy  of  ordinance  levying  taxes 41  111 

Issue  warrants  for  collection  of  special  sidewalk  assessments  83  261 

To  prepare  special  tax  list  for  sidewalks,  when 83  262 

Pay  over  sidewalk  tax  collected  to  treasurer 83  261 

Return  delinquent  special  t^x  list  for  sidewalks 83  261 

ORDINANCES. 

Shall  attest  mayor’s  signature  to  approval  of  plats 94  5 

To  receive  the  fee  and  issue  license  for  shows,  etc 96  4 

To  issue  license  to  actioneers,  when 107  3 

May,  at  pleasure,  examine  city  weigher’s  books 121  12 

Must  attest  druggist’s  permit  to  sell  liquor 126  7 

Shall  give  notice  of  general  election 127  2 

To  give  notice  of  special  election 128  3 

Shall  make  and  deliver  to  marshal  notice  of  appointment 

of  judges  and  clerks 128  4 

Shall  provide  ballot  boxes,  voting  booths,  etc 129  8 

Shall  provide  ballots,  poll  books,  blanks,  etc 129  9 

Shall  preserve  all  ballots  six  months 131  15 

Shall  destroy  ballots,  when,  how 131  15 

Shall  enter  canvass  of  returns  on  journal 131  17 

To  issue  notice  of  tie  vote. 132  18 

Shall  notify  persons  of  their  election 132  19 

Statement  of  contest  of  election  to  be  filed  with 133  24 

Proofs  in  contested  elections  to  be  filed  with 133  26 

Ballots  to  be  counted  in  presence  of - 134  28 

Salary  of 135  6 

To  issue  and  sign  license  of  itinerant  merchant 157  3 

To  issue  license  to  junk  dealer 159  3 

To  countersign  all  licenses  signed  by  mayor 161  3 

To  issue  license  upon  payment  of  fees.... 161  2 


Index. 


363 


CITY  CLERK— Continued.  Page 

Shall  keep  a register  of  all  licenses  issued,  etc 162 

To  issue  all  dramshop  licenses 166 

General  duties  of 200 

Disbursing  agent  of  several  committees 201 

Must  enroll  all  ordinances....: 203 

Shall  preserve  the  original  of  all  ordinances 203 

To  issue  roller  skating  rink  license  when  fee  is  paid 226 

Shall  prepare  all  commissions  under  seal 232 

Shall  affix  corporate  seal  to  all  official  acts 232 

Shall  certify  copies  of  records  under  seal. 232 

Copy  of  order  for  supplies  to  be  filed  with 263 

CITY  COLLECTOR.  laws. 

Power  to  appoint. 29 

Duties  of 37 

Books,  warrants,  etc.,  open  to  inspection 37 

Reports  required  of. 38 

Not  to  detain  money. 38 

Examination  of  his  books — paying  over 38 

To  take  receipt  from  treasurer 38 

Council  may  require  further  duties  of. 40 

May  appeal  to  finance  committee  in  adjusting  accounts 40 

To  give  notice  of  warrants  in  special  assessments 54 

Manner  of  collecting — entry  of  payment 54 

Penalty  for  not  serving  notice - 55 

Report  delinquent  list  to  county  collector 55 

Penalty  when  lands  are  sold  where  taxes  were  paid 56 

Paying  over — compensation 56 

ORDINANCES. 

Office  created 113 

Bond  of ] 13 

Duties  of 113 

Authorized  to  receive  special  taxes 113 

To  pay  special  taxes  to  treasurer 114 

To  make  report  each  regular  meeting 114 

To  return  delinquent  taxes  to  county  collector 114 

To  keep  books  of  account. 114 

Compensation  of 115 

CITY  COMPTROLLER.  laws. 

Power  of  council  to  provide  for  election  or  appointment  of  29 
For  duties  of,  see  sections  104-110 38 

CITY  ENGINEER.  laws. 

Authority  to  appoint 29 

ORDINANCES. 

Appointment  of. 115 


Section. 

6 

7 

13 

13 

10b 

10 

4 

2 

2 

2 

3 

73 

100 

ltO 

101 

102 

103 

103 

107 

108 

151 

152 

152 

153 

156 

157  ' 

1 

2 

3 

4 

5 

5 

6 

7 

8 

73 


73 

1 


364 


Index. 


CITY  ENGINEER  — Continued.  Page.  Section. 

Bond  of 115  2 

Oath  of ’ 115  3 

Compensation  of,  how  paid.. 116  4 

To  make  plans,  surveys,  and  establish  grades 116  5 

* To  inspect  material,  keep  books,  examine  accounts 116  6 

To  designate  grades  for  walks  and  supervise  work 116  7 

To  supervise  public  work . 116  8 

To  remove  walks  not  conforming  to  grade.: 116  8 

To  preserve  all  books  and  keep  record  of  all  transactions..  117  9 

To  make  all  surveys,  appoint  chainmen — field  notes 117  10 

To  superintend  labor  on  streets — pay  rolls — reports  117  11 

To  fix  lot  boundaries  and  furnish  certificates 117  12 

To  preserve  and  keep  tools  in  good  condition 118  13 

To  keep  streets  in  safe  condition 118  14 

To  keep  railroad  crossings  open 118  15 

To  annually  cause  streets  to  be  put  in  goopl  condition 118  16 

Additional  duties  may  be  required  of. 118  17 

To  make  maps  of  streets  and  assign  numbers  to  houses 118  18 

To  adjust  house  numbers  and  correct  mistakes 119  19 

Vacancy  in  office  of,  how  filled 119  20 

Salary  of... 135  7 

Shall  examine  plans  for  buildings  in  fire  limits 137  2 

To  give  permit  for  building  in  fire  Jimits,  if  approved 137  2 

All  sewers  to  be  under  supervision  of. 235  1 

To  grant  permit  for  house  sewer  connection 241  6 

To  keep  plats  showing  location  of  sewers 241  7 

To  grant  permit  or  license  to  plumber  for  sewer  work 241  8 

Written  application  made  to,  for  house  connection 241  9 

Permit  to  be  granted,  when 242  10 

To  approve  sureties  on  bond  for  private  sewer 242  11 

Manner  of  opening  sewer  trench  determined  by 242  12 

Private  connections  made' under  direction  of. 243  13 

To  supervise  flush  tanks 244  14 

No  excavation  around  sewers  except  by  permit  of. 244  16 

To  have  access  to  private  house  to  inspect..* 244  18 

When  no,  appointed,  acting  engineer  to  serve 245  20 

Shall  prepare  all  necessary  sewer  blanks 245  22 

To  fix  grade  for  sidewalk 247  2 

To  locate  line  for  sidewalk  on  application 247  4 

Authorized  to  take  up  walk  not  laid  to  grade 248  6 

To  take  up  and  remove  old  walks 248  7 

To  remove  all  walks  not  conforming  to  ordinance 248  8 

May  serve  notice  to  remove  improper  awning 251  16 

May  require  obstructions  to  be  removed  from  street 256  2 

Required  to  remove  obstructions  in  street 256  3 


Index. 


365 


CITY  ENGINEER — Continued.  Page.  Section. 

To  assign  house  numbers 261  28 

To  grant  permits  for  openings  in  paved  streets 262  30 

Conditions  on  which  he  may  grant  permit. 262  31 

CITY  TREASURER.  laws. 

To  be  elected 29  72 

When  elected . 15  49 

Not  eligible  for  two  terms  in  succession 15  49 

Oath — bond 30  75 

Not  to  hold  other  office 32  80 

Duties  of. 36  92 

Books,  etc.,  subject  .to  inspection 36  92 

Shall  keep  separate  accounts. 36  93 

Shall  give  receipts  and  file  copies  of  same 36  94 

Monthly  statements  of,  warrants,  vouchers,  etc 36  95 

Deposit  of  funds  separate  from  his  own T 36  96 

Not  to  use  city  funds  for  his  own  use. 36  96 

May  be  removed  by  city  council 37  96 

Annual  report  of — publication. 37  97 

Warrants  drawn  upon 37  98 

To  keep  separate  assessment  funds  separate 37  99 

Council  may  impose  other  duties  upon 40  107 

May  appoint  clerk,  when  authorized 40  109 

May  appeal  to  finance  committee 40  108 

ORDINANCES. 

All  special  taxes  to  be  paid  to 114  5 

Salary  of 135  5 

Required  to  take  oath 198  2 

Amount  of  bond 198  2 

Not  to  become  surety  on  other  bond 198  4 

Must  be  commissioned 199  5 

Record  of,  open  to  inspection :...  199  8 

Report  of,  to  be  examined  by  finance  committee 228  7 

CITY  MARSHAL.  laws. 

City  council  may  provide  forelection  or  appointment  of....  30  73 

ORDINANCES. 

Duty  to  enforce  ordinance  relating  to  chairs  in  aisles  at 

theatres 97  8 

Council  may  make,  poundkeeper 101  4 

To  post  notice  of  impounded  animals 103  10 

Compensation  when  acting  as  poundkeeper 105  20 

Is  inspector  of  meatand  provisions 112  7 

To  kill  unmuzzled  dog  unlawfully  running  at  large 124  2 

To  kill  bitch  in  heat  while  running  at  large 124  3 


366 


Index. 


CITY  MARSHAL — Continued.  Page.  Section. 

To  serve  notice  of  appointment  on  judges,  etc.,  of  election  128  4 

Compensation  of. 135  8 

To  remove  condemned  building  from  fire  limits 140  9 

Ex-officio  fire  warden 144  26 

May  inspect  junk  dealer’s  record 159  6 

Shall  enforce  all  ordinances  relating  to  licenses 163  8 

Shall  enforce  ordinances  relating  to  dramshops  167  11 

Must  report  convictions  under  dramshop  ordinance  to 

mayor 169  17 

To  report  to  mayor  where  gambling  is  carried  on 177  18 

Required  to  serve  notice  on  owner  of  dilapidated  building  194  19 

Required  to  abate  nuisances 196  25 

To  report  to  city  council  cost  of  abating  nuisance 197  26 

To  be  appointed  by  mayor  annually 197  1 

Required  to  give  bond — oath  of.. 198  2 

Must  be  commissioned 199  5 

May  inspect  pawnbroker’s  record 207  3 

May  inspect  pawnbroker’s  premises 208  7 

Member  of  police  department 211  1 

Duties  of. 212  5 

Is  custodian  of  property. 212  6 

Reports  required  from 212  7 

Absence  from  city  of. 213  8 

To  divide  police  force  into  day  and  night  force 213  9 

May  designate  an  officer  to  fill  duties  of  turnkey 213  10 

Must  provide  a police  record 213  11 

May  examine  records  of  second-hand  dealers 234  6 

Shall  designate  stands  for  licensed  vehicles 266  9 

May  require  driver  of  licensed  vehicle  to  move  the  same...  266  10 

CITY  PRISON.  laws. 

Power  to  establish  and  maintain. 24  69cl 

ORDINANCES. 

Persons  arrested  at  night  may  be  confined  in 217  20 

In  default  of  bail,  prisoner  may  be  committed  to 216  19 

Prisoner  may  be  confined  in,  until  fine  and  costs  paid 218  28 

Imprisonment  in,  not  to  exceed  six  months 219  28 

Prisoner  discharged  from,  on  paying  fine  and  costs 219  30 

Turnkey  to  have  charge  of. 213  10 

CITY  PRISOJM  KEEPER.  laws. 

Power  to-appoint 24  69cl 

ORDINANCES. 

Member  of  fire  department  to  be  designated  as 213  10 

He  shall  remain  at  city  prison,  except 213  10 

Other  duties  of 213  10 


Index. 


367 


CITY  PRINTING.  laws.  Page.  Section. 

Power  to  let  to  lowest  bidder 26  94cl 

CITY  PROPERTY.  laws. 

Two-thirds  vote  of  city  council  necessary  to  sell  13  41 

CITY  REGISTER.  laws. 

Office  of  abolished 7 13a 

CITY  WEIGHER.  laws.. 

Power  to  regulate  weighing,  etc 23  54cl 

ORDINANCES. 

Appointment  of 119  1 

Bond — license — fee 119  2 

Scales,  location  of— penalty 120  3 

Scales,  how  provided ..120  4 

Scales,  adjustment  of. 120  5 

Deputy  weighers 120  6 

Business  hours  ot. 120  7 

Fees,  register  and  certificate  of  weight 120  8 

Record  to  be  kept  by 120  9 

Weight  of  vehicles,  how  ascertained 121  10 

Altering  certificate  of— penalty *.  121  11 

Inspection  of  books  of. 121  12 

CLAIMS  AGAINST  CITY,  ordinances. 

Must  be  sworn  to. 121  1 

Must  be  referred  to  committee 121  1 

Committee  on 228  9 

For  goods  not  ordered  by  council 263  4 

COAL.  laws. 

Power  to  regulate  inspection  and  weighing  of 23  54cl 

ORDINANCE. 

Permissive  price  for  weighing 120  8 

Coal  holes  in  sidewalks 250  14 

Not  to  obstruct  street  with 257  8 

COMBUSTIBLE  MATERIALS,  laws. 

Power  to  regulate  and  prevent  storage  of 24  65cl 

ORDINANCES. 

Not  more  than  twenty-five  pounds  powder  to  be  stored 146  3j 

Spittoons  not  to  be  filled  with 144  25 

Persons  not  to  leave  shavings,  etc.,  near  building 144  24 

All,  to  be  removed  from  shop  where  stove  is  kept 142  16 

COMMISSIONS.  laws. 

Officers  to  be  commissioned,  how 31  5 

ORDINANCES. 

Of  city  officers 199  5 


368 


Index. 


COMMITMENT.  laws.  Page.  Section. 

Power  to  commit  offenders  for  examination 33  83 

Power  to  commit  for  non-payment  of  fine 85  267 

# ORDINANCES. 

Of  prisoners,  under  ordinances 218  28 

Not  to  exceed  six  months  218  28 

COMMITTEES.  ordinances. 

Committee  on  license  to  be  appointed 164  2 

On  public  grounds  to  have  charge  of  parks 204  1 

Standing,  of  city  council... 227  2 

For  duties  of  standing  committees,  see  chapter  XXXIV...  226 

CONCEALED  WEAPONS,  ordinances. 

Carrying,  punishment  for 179  23 

CONDEMNATION.  ordinances. 

Procedure  for  condemnation  of  building 139  9 

Of  dilapidated  building.....  194  18 

Of  building  in  danger  of  falling 195  23 

CONSTRUCTION  OF  WORDS. 

Words  used  in  ordinance  construed. 202  5 

• 

CONTAGIOUS  DISEASES,  ordinances. 

Removal  of  persons  with 151  6 

Notice  of  pestilence. 152  7 

Report  of,  by  physician  to  commissioner  of  health. 152  8 

Bringing  person  or  clothing  into  city. 153  11 

Removal  of  infected  clothing  from  city 153  12 

Vaccination  of  persons. 153  13 

CONTESTING  ELECTIONS.  (See  Elections.) 

CONTRACTS.  laws. 

Officers  not  to  be  interested  in 31  78 

Not  to  be  made  without  an  appropriation 35  91 

Payable  from  special  assessments 58  163 

How,  to  be  let 58  164 

When,  may  be  let  without  advertising 58  164 

ORDINANCES. 

Not  authorized  by  ordinance,  etc.,  forbidden 229  14 

Supplies  to  be  purchased  on 263  1 

CONVEYANCES.  laws. 

All,  of  real  or  personal  property  to  be  made  by 88  3 

CORPORATION  COUNSEL.  laws. 

Power  to  appoint 30  73 

ORDINANCES. 

Office  created 122  1 


Index. 


369 


CORPORATION  COUNSEL — Continued.  Page.  Section. 

Appointed  by  mayor ... 122  2. 

Oath  and  bond  of. 122  3 

Duties  of. 122  4 

To  deliver  all  papers,  etc.,  to  successor. 123  5 

Compensation  of- 123  6 

To  prepare  all  official  bonds 198  4 

COSTS.  ORDINANCES. 

In  certain  cases  taxed  against  prosecutor 218  2 7 

Prisoner  may  be  released  by  paying  fine  and 219  30 

Abating  nuisance,  how  collected ♦.  195  20 

Other  nuisances,  costs  in  abating 196  25' 

Prisoner  may  be  committed  until  costs  are  paid 218  28 

Not  to  be  taxed  against  or  collected  from  the  city 218  26 

Attending  removal  of  condemned  building 140  9 

In  case  of  impounded  animals 101  7 

COUNTY  COLLECTOR.  ordinance. 

Return  of  delinquent  special  taxes  to  be  made  to 114  6 

COURT. 

Definition  ot,  as  used  in  ordinance 202  3 

CROSSINGS.  ORDINANCE. 

Railroad  company  to  construct 223  4 

Mayor  to  give  fifteen  days’  notice  to  construct 223  5 

City  may  build  and  recover  cost 224  6 

Flagmen  at  certain,  to  be  kept  224  7 

May  require  gates  to  be  erected  at 224  7 

Penalty  for  violation  of  ordinance  relating  to 225  9 

Fire  on  street  crossings 259  10 

CURBS.  ORDINANCES. 

Sidewalks  measured  from  line  of,  to  abutting  property 246  L 

ID. 

DANGEROUS  SPORTS.  ordinances. 

Not  to  be  indulged  in 181  40 

DEAD  ANIMALS. 

Permitting  to  become  offensive,  a nuisance 191  7 

Removing,  in  offensive  manner,  a nuisance 191  8 

DEBT.  laws. 

Not  to  be  incurred  unless  appropriation  has  previously 

been  made 35  91 

When  tax  levied  for  particular  debt,  how  applied 43  114 

24 


370 


Index. 


DEEDS.  Page.  Section. 

City  clerk  to  have  custody  of  all 39  104 

DEPOTS. 

Idling  about,  prohibited 185  60 

Boys  not  to  congregate  at 188  72 

DEPUTY.  ORDINANCES. 

City  weighers  may  be  appointed 120  6 

DISCHARGE  OF  PRISONERS. 

Prisoners  may  be  discharged  by  paying  fine 219  30 

DISORDERLY  CONDUCT.  laws. 

Power  to  prevent 23  59cl 

ORDINANCES. 

Punishment  for 175  3 

Disturbing  peace  of  family 175  5 

Disturbing  congregation 175  6 

Indecent  exposure  of  person 175  9 

By  boys 181  39 

Throwing  stones  at  street  cars 186  62 

On  street  cars 186  65 

Obstructing  operation  of  street  cars 186  66 

DISORDERLY  HOUSES.  laws. 

Power  to  suppress 22  45cl 

ORDINANCES. 

Keeping  of,  punishment 179  24 

House  of  ill-fame — penalty 178  21 

Permitting  premises  to  be  used  for 178  21 

Inmates  and  frequenters  of 178  22 

DISCONNECTING  TERRITORY. 

LAWS. 

From  cities  and  villages. 72  202 

Ordinances  for,  to  be  recorded 72  203 

By  persons  owning  unplatted  lands  in  city  limits 72  205a 

DISTILLERS.  laws. 

Power  to  license 26  91cl 

Power  to  direct  location  of  distilleries 25  82cl 

DISTURBANCE.  laws. 

Power  to  prevent  and  suppress 25  72cl 

ORDINANCES. 

Disturbing  funeral 179  24 

Disturbing  peace  of  family 175  5 

Disturbing  congregation 175  6 

Creating,  on  street  cars 186  65 

Boys  loitering  about  churches,  etc ••••••  188  72 


Index. 


371 


DOGS.  laws.  Page.  Section. 

Power  to  prevent  dog  fights 23  59cl 

Power  to  restrain  and  tax 25  80cl 

ORDINANCES. 

Mayor  may  require  all,  to  be  muzzled 123  1 

Unmuzzled,  declared  a nuisance 124  2 

Bitch  in  heat  running  at  large  a nuisance 124  3 

Dangerous  dogs  a nuisance — penalty 124  4 

DRAINS.  laws. 

Power  to  construct  and  regulate  use  of. 21  29cl 

City  authorized  to  construct  and  maintain 86  1 

May  be  constructed  by  special  assessments 87  2 

Proceedings  in  such  cases 87  3 

DRAMSHOP  LICENSE.  {See  Liquors.) 

LAWS. 

Power  to  license 22  46cl 

Power  to  forbid 23  48cl 

ORDINANCES. 

To  be  closed  on  election  day 133  22 

Must  have  license  to  keep 163  1 

Bonds  must  be  given  to  keep 165  4 

Application  for  license  to  keep,  how  made 165  5 

Person  refused  license  for,  not  to  be  interested  in. 166  8 

Selling  on  Sunday  forbidden.... 167  10 

Lewd  women  not  permitted  to  frequent 167  12 

License  revoked  for  allowing  lewd  women  to  loiter  in 168  13 

Open  at  what  hours 168  14 

Keeper  to  maintain  orderly  house 168  15 

Not  to  allow  drunkenness  or  gaming 168  16 

License  not  to  be  granted  in  certain  cases 169  18 

Minors  not  to  be  employed  in 170  19 

Minors  not  allowed  to  loiter  in 170  20 

License  of  keeper  of,  not  transferable 170  22 

License  to  be  posted 171  23 

Use  of  slides,  dumb-waiters,  etc.,  forbidden  in 171  24 

Windows  kept  so  interior  may  be  seen 171  26 

DRAYS— CARTS.  laws. 

Power  to  license  and  fix  compensation  of 22  42cl 

ORDINANCES. 

License  required  for 264  1 

Rate  of  license  for  keeping  dray 265  4cl 

Number  of  license  to  be  kept  on 265  3 

Rate  for  carrying  property  allowed. 265  6 

Marshal  to  designate  stands  for 266  9 

May  be  removed  from  any  place  by  marshal 266  10 


372 


Index. 


DRUGGISTS.  laws.  Page.  Section. 

Power  to  grant  permits  to 23  46cl 

ORDINANCES. 

May  sell  intoxicating  liquors... 124  1 

Restrictions  on  right  to  sell  intoxicants 125  2 

Not  allowed  to  sell  beer,  except 125  3 

Not  to  sell  liquor  on  Sunday 125  4 

Not  to  sell  liquor  to  be  drunk  on  premises 125  5 

To  keep  register  open  to  inspection 125  6 

Permission  to  sell  liquors  evidenced  by  permit 126  7 

Permit  may  be  revoked 126  • 8 

Penalty  for  violating  ordinances 126  9 

DRUNKENNESS.  ordinances. 

In  public  places 175  8 

Drunken  driver. 180  30 

Drinking  in  public  places 184  55 

Sale  of  liquor  to  person  intoxicated 168  16 

Selling  liquor  to  habitual  drunkard 170  21 

Cause  of  removal  df  police 216  18 

DUMB-WAITERS,  SLIDES,  ETC. 

ORDINANCES. 

Use  of,  in  dramshop  forbidden 171  24 

Any  such  now  in  use  to  be  removed 171  24 

Penalty  for  keeping :71  24 

IE. 

ELECTIONS.  laws. 

For  incorporation  of  cities  under  general  law 3 1 

Notice  of. 4 2 

Ballot — result 4 3 

For  organizing  a city 4 • 4 

Of  city  officers  after  change  of  organization 5 7 

When  county  judge  to  give  notice  of. 6 8 

Record  of  result  of 6 13 

When  general  election  of  city  officers  to  be  held 15  48 

What  officers  elected  at 15  49 

Who  entitled  to  vote  at 15  50 

Places  where  held — city  council  to  give  notice 17  56 

Judges  and  clerks  of. 17  56 

Manner  of  conducting 17  57 

Returns  of,  to  be  made  to  city  clerk 18  57 

Council  to  canvass  returns,  etc 18  57 

In  case  of  a tie,  how  determined. 18  58 

When  special  election  shall  be  held 18  60 


Index. 


373 


ELECTIONS — Continued.  # Page.  Section. 

Special  elections,  how  conducted,  etc 18  61 

May  be  called  to  sanction  additional  appropriation 35  89 

On  annexation  of  one  incorporation  to  another 70  196 

ORDINANCES. 

Time  for  holding  general. 127  1 

Clerk  to  give  notice  of 127  2 

Special  elections 127  3 

Appointment  of  judges  and  clerks 128  4 

Compensation  of  judges  and  clerks 128  5 

Vacancies  in  judges  and  clerks,  how  filled 128  6 

Oath — vacancies  after  polls  open 128  7 

Ballot  boxes,  voting  booths 129  8 

Ballots,  poll  books  and  blanks  to  be  furnished 129  6 

Time  of  opening  and  closing  polls 129  10 

Proclamation  to  be  made 129  11 

Ballot  boxes  to  be  opened  and  exhibited 130  12 

General  election  laws  applicable  to  130  13 

Canvassing  votes  and  making  returns 130  14 

Disposition  to  be  made  of  ballots 131  15 

Penalty  for  failure  to  make  returns 131  16 

Canvassing  returns  by  council 131  17 

Tie  vote,  how  to  be  decided 132  18 

Notice  to  persons  elected 132  19 

Failure  to  elect — new  election 132  20 

Order  to  be  preserved  at  polls 132  21 

Dramshops  to  be  closed. 133  22 

Contesting  election  of  aldermen 133  23 

Statement  of  contest  to  be  served  by  copy  on  contestee...  133  24 

Taking  testimony  in  contests. 133  25 

Time  for  filing  proofs  with  clerk 133  26 

Hearing  contest  by  council — decision 134  27 

Opening  and  counting  ballots 134  28 

ENROLLMENT  OF  ORDINANCES. 

All  ordinances  shall  be  enrolled  by  clerk 203  10 

ESTIMATES.  laws. 

Annual,  of  city  clerk 39  104 

Committee  to  make,  for  improvement  by  special  tax 49  135 

ORDINANCES. 

Committees  to  prepare,  for  all  supplies 263  1 

City  engineer  to  make,  when  required 116  5 

EVIDENCE.  laws. 

Of  ordinances,  how  proved. 27  65 

Book  of  ordinances  to  be  received 27  65 

Certified  copy  of  records  prima  facie 32  82 


374 


Ind£x. 


EVIDENCE— Continued.  Page.  Section. 

Commissioners’  report  on  special  assessment  competent...  53  115 

ORDINANCE. 

In  contested  aldermanic  elections 133  2& 

EXCAVATIONS.  ordinances. 

Must  be  protected  by  railings  and  shown  by  red  lights 256  6 

Must  be  protected  at  night 257  7 

Adjoining  streets  to  be  guarded 258  IT 

In  streets  must  be  by  permit 258  15 

EXECUTION.  laws. 

Execution  or  order  of  commitment  may  issue  upon  imposi- 
tion of  fine  or  penalty . 28  68 

EXHIBITIONS.  (See  Amusements.) 

LAWS. 

Power  to  license  and  regulate 22  41ch 

ordinances. 

Indecent,  of  person - 175  9 

Indecent,  of  animals 176  13 

EXPENDITURES.  laws. 

Not  to  exceed  appropriations. 35  90 

For  improvement  not  to  exceed  appropriation 35  90 

Not  to  be  incurred  without  an  appropriation 35  91 

ordinances. 

Not  to  be  incurred  unless  authorized  by  council 229  14 

EXPLOSIVE  MATERIALS.  (See  Gunpowder.) 

LAWS. 

Power  to  regulate  storage  of. 24  6 cl 

ORDINANCES. 

Weighing  or  measuring,  by  gaslight 180  34 

EXPRESSMEN.  laws. 

Power  to  license  and  regulate 22  42cll 

F. 

FALSELY  CLAIMING  TO  BE  AN  OFFICER. 

Punishment  for 220  33 

FALSE  REPRESENTATION. 

By  driver  of  licensed  vehicle 267  11 

FAST  DRIVING.  laws. 

Power  to  regulate 20  21cl 

ORDINANCES. 

Punishment  for 180  30 

On  bridges 185  59 


Index. 


375 


FEES.  AND  SALARIES.  laws.  Page.  Section. 

Of  officers  to  be  fixed  by  ordinance 33  86 

Not  to  be  increased  or  diminished  during  term 33  86 

Fees  received  by  officers  to  be  reported 33  86 

ORDINANCES. 

Poundkeeper’s  fees  for  feeding  animals - 106  22 

For  taking  up  animals *•  106  22 

For  selling  impounded  animals 106  22 

Of  justices  and  magistrates  for  services  in  pound  cases 106  22 

Of  city  weighers 120  8 

Of  city  officers  (see  chapter  XV) 134 

Witness  and  jury  fees  in  city  cases. 218  26 

FENCES.  laws. 

Power  to  regulate  partition. 23  60cl 

ORDINANCES. 

Posting  bills  on,  without  consent  of  owner 183  51 

FINANCES.  laws. 

Power  of  council  to  control 19  lcl 

Fiscal  year  may  be  fixed  by  ordinance 34  88 

Annual  appropriation  ordinance 34  89 

Limitation — emergency — borrowing  money 35  90 

Contracting  liabilities  limited 35  91 

Committee  on 227  2 

Duties  of  committee  on 228  7 

FINES.  (See  Penalties.)  laws. 

Power  to  impose,  for  creating  or  continuing  nuisance 25  75cl 

Power  to  pass  ordinance  for  imposing,  not  to  exceed  $203  27  96cl 

Ordinance  imposing,  to  be  published 27  64 

Suits  for  recovery  of,  how  brought. 27  66 

To  be  paid  into  city  treasury 28  67 

Commitment  to  city  prison  for  non-payment  of. 28  68 

Allowance  on,  for  work,  etc 28  68 

How  action  brought  to  recover 85  267 

City  council  may  enforce  labor  on  streets  by 81  258b 

ORDINANCES. 

Not  released  by  repeal  of  ordinance 202  8 

To  be  paid  into  city  treasury 219  32 

Neglect  of  police  magistrate  to  pay  over 220  32 

FIREARMS.  ORDINANCE. 

Punishment  for  discharging. 181  38 

Not  allowed  in  parks 204  4 

FIRE  DEPARTMENT.  laws. 

Power  to  provide  or  organize ....! 24  64cl 

To  tax  insurance  companies  to  support 40  110 


376 


Index. 


FIRE  DEPARTMENT— Continued.  • 

ordinances.  Page.  Section. 

Members  of 146  33 

Duties  of  chief  of. 146  34 

Duties  of  members  of. 147  35 

Bystanders  subject  to  orders  of  chief  of. 148  36 

Breaking  apparatus  belonging  to  148  37 

Driving  vehicle  over  hose  of 148  38 

Running  cars  over 148  39 

Throwing  water  on  persons  unnecessarily 148  46 

Absence  ot  chief  of. 148  41 

Vehicles  obstructing 149  4 2 

Salary  of  members  of 135  9 

FIRE  ESCAPES.  laws. 

Power  to  prescribe  construction  of  £3  61cl 

ORDINANCES. 

Theatres  to  be  provided  with. 145  28 

Procedure  to  enforce  erection  of. 145  29 

FIRE  LIMITS.  laws. 

Power  to  prescribe 24  62cl 

Power  to  direct  removal  of  building  damaged  fifty  per  cent.  24  62cl 

ORDINANCES. 

Boundaries  of 136  1 

Permits  for  buildings  in 137  2 

Character  of  buildings  in 137  3 

No  wooden  buildings  allowed  in. 138  4 

Removal  of  wooden  buildings 138  5 

Wooden  building 138  6 

Damaged  buildings  to  be  removed  from 139  8 

Procedure  for  condemnation  of  building 139  9 

Removal  of  damaged  building — penalty.  140  10 

Penalties  for  violating  ordinances 140  11 

Stovepipes,  chimneys,  hearths 140  12 

Hot-air,  water  and  steam  furnaces 141  13 

Boiler  houses  and  boiler  rooms 141  14 

Shavings,  stoves,  fires,  etc.,  in  shops 142  16 

Lights  in  barns 142  17 

Carrying  fire 142  18 

Depositing  ashes , 143  19 

Burning  straw,  bonfires,  etc 143  20 

Boiling  pitch,  tar,  etc 143  21 

Fire  in  building — outdoor  fires 143  22 

Burning  out  chimneys 143  23 

Scattering  shavings 144  24 

Planing  mills,  lumber  yards  in,  a nuisance 146  31 


Index. 


Q>7<7 

oil 


FIRES  AND  FIREWORKS.  laws.  Page.  Section. 

Power  to  guard  against 24  62cl 

Power  to  regulate 24  65c^ 

ORDINANCES. 

Firewardens 144  26 

Exploding  fireworks  without  permission 181  38 

Giving  false  alarm  of. 175  7 

In  parks  prohibited,  except  by  workmen 205  11 

Fireworks  not  allowed  in  parks. 204  4 

On  street  crossings 2 9 19 

FISCAL  YEAR.  laws. 

When  to  commence 34  88 

Power  of  council  to  fix 34  88 

FLAGMEN.  laws. 

Power  to  require  at  railroad  crossing  of  streets 21  27cl 

ORDINANCES. 

City  may  require  railroads  to  keep,  at  crossings 224  7 

Required  at  certain  places  named 224  7 

FLOUR.  laws. 

Power  to  provide  for  the  inspection  of 23  53cl 

FOODS.  laws. 

Power  to  regulate  sale,  etc.,  of  various 23  50cl 

FOUL  MATTER.  ordinances. 

Suffering  premises  to  accumulate  with,  a nuisance 190  3 

Depositing,  on  premises  creates  a nuisance 190  4 

Depositing,  in  river  a nuisance 190  5 

FORESTALLING.  laws. 

Power  to  prevent  and  punish 23  51cl 

FORMS.  laws. 

Of  ballots  at  election  for  organizing  under  general  law 4 3 

Form  or  style  of  ordinances 27  63 

Of  official  oath 30  75 

Of  petition  for  condemning  property. 46  120 

Of  oath  of  commissioners  for  special  assessment 50  138 

Of  notice  to  owner  of  special  assessment 51  141 

Of  notice  of  assessment  for  publication 52  141 

Of  collector’s  notice  of  special  assessment 54  151 

ORDINANCES. 

Of  statement  of  offense  filed  with  magistrate 217  22 

Of  poundkeeper’s  notice 102  9 

Poundkeeper’s  notice  of  sale 104  13 

FRAUDULENT  DEVICES  AND  PRACTICES. 

LAWS. 

Power  to  suppress 22  45cl 


378 


Index. 


<3-. 

GAMING  AND  GAMING  HOUSES. 

laws.  Page.  Section. 

Power  to  suppress 22  45cl 

ORDINANCES. 

Not  allowed  in  dramshop 168  16 

Punishment  for  gambling 176  14 

Inmates  of  gaming  houses 176  15 

Keeping  or  maintaining. 177  16 

Leasing  premises  for 177  17 

Duty  of  police  in  reference  to 177  18 

Police  to  destroy  implements  of 178  19 

Lotteries  prohibited 178  20 

In  parks  prohibited 205  9 

GARBAGE.  laws. 

Power  to  prevent  throwing  of,  in  streets  and  alleys 20  15cl 

ORDINANCES. 

Throwing  orange  or  banana  peel  on  walk 181  37 

Throwing  or  depositing  in  parks 206  13 

Not  allowed  in  sewers 244  15 

GAS  COMPANIES.  laws. 

Powers  of  council  over 20  13cl 

Power  to  regulate  openings  in  streets  for  gas  mains 20  13cl 

GASOLINE.  laws. 

Power  to  regulate  storage  of. 24  65cl 

ORDINANCE. 

Measuring  by  gaslight 180  34 

GATES. 

Opening  over  sidewalk  a nuisance 253  24 

GEESE.  (&£  Animals.)  laws. 

Power  to  restrain  from  running  at  large 25  80cl 

ORDINANCES. 

Ordinance  relating  to  animals  applies  to 106  21 

GOATS.  {See  Animals.)  laws. 

Power  to  restrain  from  running  at  large 25  80cl 

GRADES.  laws. 

Power  to  establish 19  7cl 

Power  to  compel  railroads  to  conform  to. 21  27cl 

ORDINANCES. 

All  sidewalks  to  conform  to 247  2 

Laying  sidewalks  contrary  to 247  3 


Index. 


379 


GRADES — Continued.  Page.  Section. 

Removing  grade  stakes 259  16 

City  engineer  to  establish 116  5 

For  walks  to  be  designated  by  engineer 116  7 

Removal  of  walks  not  conforming  to 116  8 

GROCERY.  laws. 

Power  to  compel  owner  of,  to  cleanse 25  84cl 

GUNPOWDER.  laws. 

Power  to  regulate  storage  of 24  65cl 

ORDINANCES. 

Weighing,  by  gaslight — punishment  for 180  34 

HACKMEN.  laws. 

Power  to  license,  regulate,  etc 22  42 

ORDINANCES. 

Boisterous  conduct  by 266  8 

False  representation  or  extortion  by 267  11 

HANDBILLS.  laws. 

Power  to  regulate  posting  and  carrying  of. 20  17-18cl 

ORDINANCES. 

Throwing  on  streets 260  20 

Not  allowed  posted  in  parks 206  14 

HAWKERS  AND  PEDDLERS.  (See  Peddlers.) 

LAWS. 

Power  to  license  and  regulate 22  41cl 

ORDINANCES. 

Not  allowed  in  parks 205  6 

HAY.  laws. 

Power  to  regulate  inspection  and  weight  of. 23  54cl 

UET- 

HEALTH  DEPARTMENT.  laws. 

Power  to  appoint  board  of  health 25  76cl 

Power  to  establish  hospitals 25  77cl 

Power  to  make  health  regulations 25  78cl 

Power  to  appoint  health  commissioner 29  73 

ORDINANCES. 

Office  of  health  commissioner  created 149  1 

Appointment  of  health  commissioner 149  2 

Duties  of  commissioner 150  3 

Assistant  commissioners 150  4 

Establishment  of  hospitals,  nurses 151  5 

Removal  and  care  of  persons  with  contagious  disease 151  6 


380 


Index. 


HEALTH  DEPARTMENT — Continued.  Page.  Section. 

Notice  of  pestilence — penalty 152  7 

Report  of  physicians  to  commissioner 152  8 

Changing  wearing  apparel 152  9 

Spreading  of  smallpox 153  10 

Bringing  clothing  or  person  infected  into  city 153  11 

Vaccination  of  persons 153  13 

Burial  permits 153  14 

Scavengers  must  obtain  permit 154  15 

Removal  of  infected  clothing  from  city 153  12 

Scavengers  must  report  to  health  commissioner 154  16 

Report  of  health  commissioner 154  17 

Payment  of  expenses 154  18 

Penalty  for  disobeying  health  commissioner 154  19 

Compensation  of  health  commissioner 154  20 

Present  commissioner  to  continue  in  office 154  '21 

HIDES. 

Allowed  to  become  foul,  a nuisance 191  6 

HIGHWAYS.  laws. 

Power  to  compel  railroad  to  keep  track  on  level  with  sur- 
face of 21  27cl 

HOOPS.  LAWS. 

Power  to  prevent  and  regulate  rolling  of 26  92cl 

ORDINANCES. 

Rolling  in  street  forbidden 181  40 

HORSES.  laws. 

Power  to  regulate  speed  of. 20  21  cl 

Power  to  restrain,  from  running  at  large 25  80 

Prohibited  from  running  at  large 90  1 

ORDINANCES. 

Fast  driving  of 180  30 

Scaring  of,  on  streets 180  32 

Leaving  unfastened 180  31 

Driving  unhaltered,  through  streets 188  73 

Hitching,  to  shade  trees 183  48 

Hitching,  to  lamp  posts 183  47 

Hitching  horses  to  trees  in  parks 205  12 

Obstructing  street  with  team 257  9 

HORSE  RAILROADS.  laws. 

Power  to  permit,  regulate  or  prohibit 21  24cl 

No  permit  for  longer  term  than  twenty  years 21  24cl 

Power  to  grant  use  of  streets  for,  how  exercised 26  90cl 

HORSE  TROUGHS.  laws. 

Power  to  regulate..... * 20  17cl 


Index.  381 


HOSPITALS.  laws.  Page.  Section. 

Power  to  establish 25  77cl 

ORDINANCES. 

Commissioner  of  health  may  establish,  when 151  5 

Nurses  for,  how  appointed 151  5 

HOUSES  OF  ILL-FAME.  ( See  Disorderly  Houses.) 

LAWS. 

City  council  forbidden  to  license 74  217 

Board  of  health  forbidden  to  inspect  inmates 74  217 

ORDINANCES. 

Keeping  of,  punishment  for 178  21. 

Being  an  inmate  of 178  22- 

HOUSE  NUMBERING.  laws. 

Power  to  regulate 20  22cl 

ORDINANCE^. 

City  engineer  to  assign  numbers  to  houses 118  18 

City  engineer  to  adjust  numbers 119  19 

Mistakes  in,  corrected  by  engineer. 119  19 

Certificate  to  be  given  to  owner 119  18 

Numbers  required  on  all  buildings. 260  23 

Decimal  system  adopted... 260  24 

Manner  of  numbering  houses 260  25 

Size  of  numbers  to  be  used 261  26 

Penalty  for  not  numbering 261  27 

Numbering  on  new  building 261  28 

HOUSE  CONNECTIONS. 

Sewer  connections  made  under  engineer’s  direction  243  13 

Application  for  leave  to  make  sewer 211  9 

Must  be  made  by  licensed  plumber 241  8 

Must  have  fixtures  for  water  supply.... 245  19 

HOT-AIR,  WATER  OR  STEAM  FURNACES. 

ORDINANCES. 

Manner  of  constructing 141  13 

HYDRANTS.  (See  Water  Works.) 

LAWS. 

Power  to  regulate  construction  of 23  57cf 

ORDINANCES. 

Meddling  with 184  57 

I. 

IDLING.  ORDINANCES. 

About  depots 185  60 

About  churches,  stores,  etc 188  72 

Living  without  means  of  support — vagrants 184  58 


382 


Index. 


IMPRISONMENT.  laws.  Page.  Section. 

Power  to  order,  etc 28  68 

Not  to  exceed  six  months 28  68 

ORDINANCES. 

May  be  made  for  non-payment  of  fine. 218  28 

Not  to  exceed  six  months 218  28 

Release  from,  by  payment  of  fine 219  30 

Of  persons  arrested  at  night  or  on  Sunday 217  20 

Of  persons  drunk  when  arrested 217  21 

Release  from,  by  giving  bail. 217  24 

IMPROVEMENTS.  laws. 

When  made  by  general  tax 49  131 

When  made  by  special  tax 49  132 

Manner  of  apportioning  assessments 50  139 

Making  of,  to  be  let  by  contract 58  164 

INDEBTEDNESS.  laws. 

Limited  to  five  per  centum  of  valuation 19  5cl 

INDECENCY.  laws. 

Power  to  suppress  and  prevent 22  45cl 

ORDINANCES. 

Exposure  of  person 175  9 

Exposure  of  animals 176  13 

Indecent  act  in  public  park 205  10 

INJURY. 

To  pavements 182  43 

To  bridges,  buildings  or  property. 182  44 

To  street  lamps,  telephone  and  telegraph  poles,  etc 182  45 

To  gas  service  boxes  or  water  pipes 183  52 

INSPECTOR  OF  WEIGHTS  AND  MEASURES. 

LAWS. 

Power  of  council  to  provide  for 23  55cl 

INSPECTORS  OF  MEAT  AND  PROVISIONS. 

ORDINANCES. 

Police  and  board  of  health  are 112  7 

INSURANCE  COMPANIES.  laws. 

Tax  on  foreign,  agents  to  pay 40  110 

INTOXICATION.  (See  Drunkenness.) 

LAWS. 

Power  to  prevent 23  59cl 

ordinances. 

Punishment  for  being  in  a state  of 175  8 

In  public  parks 205  10 


Index. 


383 


ITINERANT  MERCHANTS.  laws.  • Page.  Section. 

Power  to  license,  tax,  regulate  and  restrain 27  62a 

ORDINANCES. 

Prohibiting,  from  selling  without  license .\ 155  1 

Clerk,  agent,  servant,  etc.,  liable  as  principal 155  1 

Defines,  as  understood  in  ordinances 155  2 

Rate  of  license — bond 156  3 

License  of,  to  be  kept  posted 157  4 

Oath  required  of. 157  5 

Rebate  on  license,  when  allowed 157  6 

Limitation  on  amount  of  rebate 157  6 

Exception  may  be  made  of  Ijona  fide  taxpayer 157  7 

Penalty  for  violating  ordinance 158  8 

CT. 

JAIL.  LAWS. 

City  may  use  county  jail  for  confinement  of  offenders 24  70cl 

ORDINANCE. 

Prisoners  may  be  confined  in,  for  non-payment  of  fine 218  28 

JUDGES.  laws. 

Of  county,  when  to  call  election  for  organization  of  city 4 5 

ORDINANCES. 

To  appoint  person  to  witness  burning  of  ballots 131  15 

JUDGES  OF  ELECTIONS.  (See  Elections.) 

LAWS. 

How  appointed 17  56 

May  appoint  clerks  of  election  to  fill  vacancies 17  57 

To  make  returns  to  city  clerk 18  57 

ORDINANCES. 

Appointment  of. 128  4 

Compensation  of 128  5 

Vacancies,  how  filled 128  6 

Oath  of — vacancies  during  election 128  7 

JUDGMENTS.  laws. 

Against  city — borrowing  money  to  pay 35  90 

In  condemnation  proceedings 47  125 

In  special  assessment  proceedings 52  144 

O.n  special  tax  for  sidewalks 84  263 

JUNK  SHOPS.  laws. 

Power  to  license  and  regulate 27  95cl 

ORDINANCES. 

Junk  dealer  defined 158  1 

License  required — penalty 158  2 


384 


Index. 


JUNK  SHOPS— Continued.  Page.  Section. 

Terms  on  which  license  may  issue. 158  3 

Expiration  of  license 159  4 

Junk  dealer’s  record  to  be  kept. 159  5 

Record  open  to  inspection 159  6 

Not  allowed  to  purchase  from  minors. 160  7 

Goods  purchased  to  be  kept  three  days 160  8 

Not  to  purchase  railroad  brass  or  iron 160  9 

Agent  subject  to  same  penalty  as  principal 160  10 

Violating  ordinance  to  forfe-it  license 160  11 

JURISDICTION.  laws. 

Territorial,  of  city  council ’. 13  44 

General  powers  of  council 19  6- 

Over  bawdy  and  disorderly  houses 22  45cl 

Over  cemeteries 25  79cl 

Over  packing  houses,  renderies,  etc. 25  81cl 

Of  Justices  of  the  peace 28  69 

Over  waters 29  71 

JURORS.  laws. 

In  condemnation  proceedings 46  122 

To  ascertain  damages 46  123 

In  special  assessment 53  145 

Inhabitants  of  city  competent 66  174 

JUSTICES  OF  THE  PEACE.  laws. 

Jurisdiction  of,  etc 28  69 

ORDINANCES. 

Council  may  direct  all  suits  for  violations  of  ordinances 
brought  before,  when 220  32 

Xj. 

LABOR.  laws. 

Of  prisoners  within  or  without  city  prison . 86  267 

On  streets 81  258a 

Prisoners  may  be  required  to. 218  28 

Prisoners  refusing  to 219  29 

LAND.  laws. 

City  may  acquire  and  hold,  for  corporate  purposes 6 10 

Power  to  levy  taxes  on 19  3cl 

Compensation  to  be  made  when,  taken  for  local  improve- 
ment  47  124 

Commissioners  to  assess  benefits  to,  by  local  improvement  50  139 

Effect  of  judgment  against 53  148 

Proceedings  to  sell,  for  special  assessments 55  153 


Index. 


385 


LAND— Continued.  Page. 

Application  for  judgment 55 

City  may  purchase,  at  sale  for  special  tax 57 

City  may  take  and  condemn,  for  water  works 65 

Assessment  of  special  taxes  against,  for  sidewalks 81 

LARD.  laws. 

Power  to  regulate  sale  of. 23 

Power  to  regulate  inspection  of. 23 

LAWS.  laws. 

Prior  laws  to  continue  in  force  when  not  inconsistent 5 

ORDINANCE. 

Prior  ordinances  in  force  until  altered 203 

LIBRARY. 

Disturbance  in,  prohibited 221 

Persons  to  leave  on  request 221 

Loitering  on  stairway  prohibited. 222 

Return  of  books  to..- 222 

Fines  for  failure  to  return  books  to 222 

Mutilating  books  in 222 

Persons  not  entitled  to  privileges  of,  to  remain  away 222 

Taking  property  from,  without  right <r. 222 

LICENSES.  {See also  Liquors.)  laws. 

Power  to  fix  the  amount,  terms  and  manner  of  issuing 22 

License  not- to  extend  beyond  municipal  year 22 

Moneys  collected  for,  to  be  paid  into  city  treasury 28 

Not  to  issue  for  houses  of  ill-fame 74 

ORDINANCES. 

Required  for  t^he  giving  of  entertainments 96 

Amount  of  fees  to  be  charged  for  shows,  etc 96 

To  be  signed  by  mayor 96 

All  licenses  subject  to  ordinances  in  force 96 

Not  to  be  granted  for  entertainments  in  places  where  liquor 

is  sold 96 

Not  required  for  home  entertainments 96 

Owner  or  lessee  of  theatre  to  obtain 97 

Required  for  shooting  gallery— rate  of. 99 

Required  for  lung  tester,  galvanic  battery,  etc 99 

Auctioneers  must  take  out 107 

Auctioneer’s,  rate  of. 107 

How  obtained  by  auctioneer 107 

May  be  revoked,  when 108 

Butchers  must  have 110 

City  weighers  to  take  out * 120 

Itinerant  merchant  must  procure 155 

25 


Section. 

154 

159 

170 

259 


50 

53 

6 

11 

1 

2 

3 

4 

4 

5 

6 
7 

41  cl 
46cl 
67cl 
217 

2 

3 

4 

5 

6 
2 
7 

15 

19 

1 

2 

3 

5 

1 

2 

1 


386 


Index. 


LICENSES— Continued.  Page.  Section. 

Rate  of  license  fee  for  itinerant  merchant 156  3 

Itinerant  merchant’s,  must  be  posted 157  4 

Rebate  of,  may  be  allowed  itinerant  merchant 157  6 

Junk  dealer  must  procure 158  2 

Terms  on  which  junk  license  granted 158  3 

Expiration  of  junk  dealer’s 159  4 

Violating  ordinance  to  forfeit  junk  dealer’s 160  11 

Mayor  to  receive  application 161  1 

How  application  is  to  be  made 161  2 

Term  of  license — how  signed 161  3 

License  subject  to  ordinance 161  4 

Revocation  of  license 162  4 

Not  assignable 162  5 

All,  to  be  registered  by  clerk 162  6 

Form  of  license 162  7 

Marshal  to  enforce  all  ordinances  relating  to 163  8 

Must  have,  to  sell  intoxicating  liquor 163  1 

Committee  on,  to  be  appointed  by  mayor 164  2 

Mayor  and  council  to  grant  liquor 164  3 

Application  for,  to  sell  intoxicants 165  5 

Liquor,  to  be  issued  by  city  clerk 166  7 

Liquor  seller’s,  may  be  revoked,  when 168  13 

License  not  to  be  granted  dramshop  keeper,  when 169  18 

Dramshop,  not  transferable 170  22 

Dramshop,  to  be  kept  posted 171  23 

Milkmen  must  obtain 172  1 

Rate  of  milkman’s 172  2 

Penalty  for  selling  milk  without 172  3 

Pawnbrokers  must  obtain 206  1 

Mayor  to  grant,  to  pawnbroker 206  2 

Peddler  must  obtain 209  2 

Rate  of  peddler’s 209  3 

Produce  may  be  sold  without 210  4 

Required  to  carry  on  roller  skating  rink 225  1 

Amount  of  license  for  roller  skating  rink 225  2 

Clerk  to  issue,  for  skating  rink 226  4 

Mayor  may  revoke,  for  roller  skating  rink 226  5 

Certain  vehicles  must  be  licensed 264  1 

Rate  of,  for  vehicles i64  2 

Number  of  license  placed  on  vehicle 265  3 

Persons  entitled  to,  for  vehicles 265  4 

Driver  of  licensed  vehicle  to  keep  copy  of  certain  ordinance  267  12 

LIENS.  laws. 

Special  assessment  alien  from  date  of  Judgment 53  149 


Index. 


387 


LIENS — Continued.  Page.  Section. 

Special  assessment  a lien  until  paid 58  165 

Water  tax  a continuing  lien  66  171 

Special  tax  for  sidewalks 81  259 

LIGHTS.  laws. 

Power  to  regulate  use  of,  in  stables,  shops,  etc 24  65cl 

ORDINANCES. 

Regulating,  in  barns,  etc 142  17 

Use  of,  in  shops 142  16 

LIQUORS  AND  LIQUOR  DEALERS. 

LAWS. 

Power  to  license  and  regulate  sale  of. 22  46cl 

Power  to  prohibit  sale  of- 23  48cl 

•General  law  to  be  complied  with 23  46cl 

ORDINANCES. 

Druggists  may  sell,  on  permit 124  1 

Restrictions  on  sales 125  2 

Written  permit  required  to  authorize  druggists  to  sell 126  7 

Intoxicating  liquors  not  to  be  sold  except  licensed 163  1 

Committee  on  license  to  be  appointed 164  2 

Duties  of  committee  on  license 164  2 

Mayor  and  council  to  grant  license. 164  3 

Application  for  license  to  be  made  to  mayor 164  3 

Rate  of  license 164  3 

No  person  licensed  to  sell,  shall  keep  eating  house  therein  164  3 

Applicant  for  license  must  give  bond 165  4 

Bond  must  be  given  to  the  city  also 165  4 

Security  on  bond  may  be  required  to  swear  to  his  pecuniary 

ability 165  4 

Application  for  license  must  be  in  writing 165  5 

Application  must  be  presented  to  council 165  6 

Certain  kind  of  persons  disqualified  to  sell 166  6 

License  to  be  issued  by  clerk 166  7 

No  person  refused  a license  shall  be  interested  in  sale  of 

liquors 166  8 

License  only  granted  to  person  making  application 166  9 

Selling,  on  Sunday  prohibited 167  10 

Police  to  enforce  ordinance 167  11 

Lewd  women  not  allowed  in  dramshop 167  12 

Penalty  for  permitting  lewd  women  in  dramshop 167  12 

License  may  be  revoked,  when 168  13 

Dramshop  to  be  closed  between  certain  hours 168  14 

Keeper  of  dramshop  must  keep  orderly  house 168  15 

Drinking,  to  excess  forbidden 168  16 

Gaming  forbidden  in  dramshop 168  16 


388 


Index. 


LIQUORS  AND  LIQUOR  DEALERS— Continued.  Page.  Section.. 

Officers  must  report  convictions  to  mayor. 169  17 

License  not  to  be  granted  in  certain  cases 169  18 

No  minor  to  be  employed  in  dramshop 170  19 

No  sale  to  be  made  to  intoxicated  person 170  19 

Minor  forbidden  in  saloons 170  20 

Selling,  to  habitual  drunkard  forbidden 170  21 

License  to  sell,  not  transferable 170  22 

License  and  ordinance  to  be  posted 171  23 

Use  of  slides,  dumb-waiters,  etc.,  prohibited 171  24 

Shifts  or  devices  forbidden. '■ 171  25 

Windows  of  dramshop  kept  so  interior  may  be  seen 171  20 

Signs  indicating  sale  of,  prohibited  unless,  etc 184  54 

Drinking  in  public  a nuisance 184  55 

LIVERY  STABLES.  laws. 

Power  to  regulate 25  82cE 

Power  to  license 26  91 

LOCOMOTIVES.  laws. 

Power  to  regulate  speed  of. 20  21ct 

Not  to  sound  whistle,  except 223  3 

LOTTERIES.  laws. 

Power  to  suppress 22  45cl 

ORDINANCES. 

Prohibited — punishment  for  keeping 178  20 

LUMBER.  laws. 

Power  to  regulate  inspection  of. 23  54cl 

LUMBER  YARDS.  laws. 

Power  to  license 26  91cl 

Power  to  regulate  and  prohibit,  in  fire  limits 26  93cl 

ORDINANCES. 

In  fire  limits  a nuisance 146  31 

LUNG  TESTERS,  GALVANIC  BATTERIES,  ETC. 

ORDINANCES. 

License  required  to  exhibit 99  19 

Penalty  for  exhibiting,  without  license 99  19 

3VH. 

MANUFACTORIES.  laws. 

Power  to  regulate 24  63cl 

MAPS  AND  PLATS.  (See  Additions— Plats.) 

LAWS. 

To  be  approved  by  city  council. 66  173 


Index. 


389 


MAPS  AND  PLATS — Continued.  . Page.  Section. 

Map  of  annexed  territory  to  be  filed  with  recorder  of  deeds  69  195 

When  territory  is  annexed,  map  to  be  filed. 72  203 

MANURE. 

Accumulations  of,  a nuisance 189  2 

MARKETS.  laws. 

Power  to  establish 23  49cl 

MARSHAL,  CITY.  (See  City  Marshal.') 

LAWS. 

Power  to  provide  for  election  or  appointment  of. 29  73 

Duties  and  powers  of 29  73 

MATERIALS.  ordinances. 

City  engineer  to  inspect  all 116  6 

Account  of,  to  be  kept  by  engineer 116  6 

MAYOR.  laws. 

When  to  submit  question  of  city  incorporation 3 1 

To  give  notice  of  such  election 4 2 

Qualifications  of 8 14 

Term  of  office 8 14 

Vacancy,  how  filled 8 15-16 

Council  may  elect  mayor  pro  tern.,  when 8 17 

When  office  may  become  vacant 8 18 

Shall  preside  at  meetings  of  city  council 8 19 

Shall  give  casting  vote  in  case  of  a tie 8 19 

May  remove  any  officer  appointed  by  him 9 20 

Must  report  reasons  for  removal  to  council , 9 20 

Has  power  to  keep  the  peace 9 21 

May  release  prisoners, 9 22 

Ceneral  duties  of 9 23 

Has  power  to  examine  records,  etc 9 24 

Messages  to  council 9 25 

May  call  out  militia 9 26 

May  be  removed  from  office,  when 10  27 

May  appoint  persons  to  revise  ordinances 10  28 

May  call  special  meeting  of  council 14  45 

May  veto  ordinance  or  item  therein 14  46 

When  to  be  elected 15  49 

Shall  be  elected 29  72 

Appoints  all  appointive  officers. 30  74 

Oath  and  bond  of. 30  75 

Qualification  of. 31  77 

Not  to  hold  other  office 32  80 

Shall  be  conservator  of  the  peace 32  83 

Compensation  of 33  81 


390 


Index. 


MAYOR — Continued.  Page.  Section. 

Power  to  make  arrests 32  83 

May  administer  oaths  or  affirmations 33  87 

To  approve  contracts  for  public  improvements 58  164 

To  have  map  made  when  territory  is  annexed  to  city 72  203 

Approval  and  veto  of  ordinances 14  46 

ORDINANCES. 

To  sign  certificate  of  approval  of  maps,  plats,  etc 94  5 

Shall  decide  the  class  and  license  fee  for  shows,  etc. 96  4 

To  grant  license  of  auctioneers 107  3 

To  approve  bond  of  auctioneers 107  2 

May  revoke  license  of  auctioheers .. 108  5 

To  pass  on  auctioneer’s  application  for  license 107  3 

To  appoint  city  collector 113  1 

To  appoint  city  engineer  annually 115  1 

May  appoint  city  weighers 119  1 

To  appoint  corporation  counsel. 122  2 

Must  sign  druggist’s  permit 126  7 

May  revoke  druggist’s  permit 126  9 

Salary  of. 134  1 

To  examine  theatres  and  enforce  fire  ordinance..... 145  29 

Member  of  fire  department 146  33 

To  appoint  health  commissioner. 149  2 

May  appoint  assistant  commissioners  of  health 150  4 

To  sign  license  of  itinerant  merchants 157  3 

May  inspect  Junk  dealers’  books 159  6 

All  applications  for  license  to  be  made  to  and  granted  by..  161  1 

To  appoint  a committee  on  license 164  2; 

Mayor  and  council  to  grant  dramshop  license 164  3 

To  present  application  for  dramshop  license  to  council 166  6 

To  refuse  to  grant  license  in  certain  cases 169  18 

To  summon  citizens  to  abate  dangerous  building 195  23 

Shall  make  out  notice  to  owner  of  dilapidated  building,  etc.  194  19 

Shall  appoint  certain  officers 197  1 

Bondof 198  3 

Shall  commission  all  city  officers 199  5 

May  grant  license  to  pawnbrokers 206  2; 

May  inspect  pawnbroker’s  record  book 207  3 

May  grant  permit  to  peddle  in  cases  of  charity..... 210  6 

Member  of  police  department 211  1 

To  appoint  policemen 211  2 

Duties  of,  relating  to  police  department 212  4 

To  designate  some  policeman  as  marshal,  when 213  8 

To  appoint  night  captain  and  turnkey 213  10 

May  appoint  special  police 214  12 

May  appoint  temporary  policemen 214  13 


Txhkx. 


391 


MAYOR — Continued.  Page.  Section. 

To  notify  railroad  company  of  defective  crossing 224  6 

May  revoke  rollerskating  rink  license 226  5 

May  call  special  meeting  ot  council 226  1 

Must  appoint  standing  committees 227  2 

To  preserve  order  and  decorum  in  council 229  15 

Official  acts  to  be  witnessed  by  city  seal. 232  2 

May  grant  license  to  second-hand  dealers 233  3 

May  revoke  second-hand  dealer’s  license 233  4 

May  inspect  book  of  second-hand  dealer 234  6 

Not  to  grant  permission  to  dig  in  paved  street  till  bond  has 

been  filed 262  31 

To  approve  bond  of  licensed  vehicle  owner 265  5 

MAYOR  PRO  TEM.  laws. 

Council  may  elect  during  absence  of  mayor 8 17 

ORDINANCE. 

Power  of. 202  6 

MEAT.  ( See  Butchers.)  laws. 

Power  to  regulate  sale  of. 23  50cl 

Power  to  provide  for  inspection  of. 23  53cl 

MEETINGS.  laws. 

Mayor  to  preside  at  council 8 19 

Council  may  prescribe  time  and  place  of. 13  37 

By  whom  special  meetings  of  council  called , 14  17 

ORDINANCES. 

Regular,  of  city  council a. 226  1 

Special,  of  city  council 226  1 

Notice  of  special,  to  be  given  by  marshal 226  1 

MENDICANTS.  (See  Vagrants.) 

LAWS. 

Power  to  restrain  and  punish 25  74 

ORDINANCES. 

Punishment  of. 184  58 

MILITIA.  laws. 

May  be  called  out  by  mayor 9 26 

MILKMEN.  ORDINANCES. 

Must  be  licensed 172  1 

Rate  of  license 172  2 

Must  have  owner’s  name  on  wagon 172  3 

Drivers  subject  to  penalty  if  name  is  not  on  wagon 172  4 

Penalty  for  selling  adulterated  milk 173  5 

Penalty  for  selling  milk  of  diseased  cow 173  5 


392 


Index. 


MINORS.  laws.  Page.  Section. 

Power  to  forbid  and  punish  the  sale  of  liquor  to 23  48cl 

Power  to  forbid  second-hand  or  junk  dealers  purchasing 
from 27  95cl 

ORDINANCES. 

Not  allowed  at  variety  shows  where  liquor  is  sold 97  10 

Not  allowed  in  billiard  room  where  liquors  are  sold 110  4 

Not  allowed  to  loiter  around  billiard  room,  except 110  5 

Not  allowed  to  sell  to  junk  dealers 160  7 

Not  to  be  employed  in  saloon 170  19 

Not  allowed  to  loiter  in  saloon 17  J 20 

Must  keep  off  cars 185  61 

Climbing  on  street  cars 186  63 

Pawnbrokers  not  to  purchase  from 207  4 

MISDEMEANORS.  ordinances. 

Unlawful  assemblies . 174  1 

Assault,  fighting  or  affrays 174  2 

Disorderly  conduct 175  3 

Permitting  unlawful  assemblage 175  4 

Disturbing  peace  of  city  or  family 175  5 

Disturbing  a congregation 175  6 

Giving  false  alarm  of  fire 175  7 

Drunkenness  in  public  place 175  8 

Indecent  exposure  of  person 175  9 

Selling  obscene  book 176  10 

Having  obscene  book  in  possession 176  11 

Obscene  writing  or  figure 176  12 

Indecent  exhibition  of  animals 176  13 

Gambling 176  14 

Inmate  of  gambling  house 176  15 

Keeping  gaming  house 177  16 

Leasing  premises  for  gaming 177  17 

Police  to  report  to  mayor  where  gaming  is  carried  on 177  18 

Gaming  instruments  to  be  destroyed 178  19 

Lotteries  prohibited 178  20 

Keeping  house  of  ill-fame 178  21 

Being  an  inmate  of  house  of  ill-fame 178  22 

Carrying  concealed  weapons 179  23 

Keeping  disorderly  house 179  24 

Disturbing  a funeral 179  25 

Keeping  place  of  amusement  open  on  Sunday 179  26 

Amusements  on  Sunday 179  27 

Keeping  place  of  business  open  on  Sunday 179  28 

Cruelty  to  animals 179  29 

Fast  driving — drunken  driver 180  30 

Leaving  animals  unfastened 180  31 


Index. 


393 


MISDEMEANORS — Continued.  Page.  Section. 

Scaring  horses 180  32 

Vehicles  must  pass  to  right 180  33 

Weighing  gunpowder 180  34 

Drawing  kerosene  by  gaslight 180  34 

Selling  poison  without  labeling  it 180  35 

Burglars’ tools  in  possession 181  36 

Throwing  orange  or  banana  peel  on  walks 181  37 

Firing  canon,  guns  or  fire-crackers 181  38 

Boys  making  disturbance 181  39 

Dangerous  sports,  flying  kites,  etc 181  40 

Throwing  stones,  slings,  etc 182  41 

Climbing  on  bridges,  fences,  etc 182  42 

Injury  to  pavement — obstructing  work.. 182  43 

Injury  to  bridges,  etc 182  44 

Malicious  mischief 182  44 

Injuring  street  lamps,  telegraph,  etc.,  poles 182  45 

Lighting  or  extinguishing  street  lamps 183  46 

Climbing  on  lamp  posts 183  47 

Hitching  horses  to  trees 183  48 

Trespassing  or  carrying  away  fruit 183  49 

Trespass  on  private  premises 183  50 

Posting  bills  without  consent  of  owner 183  51 

Injuring  gas  service  boxes  or  water  pipes 183  52 

Playing  ball  on  streets 183  53 

Prohibiting  signs  indicating  sale  of  liquor,  when 184  54 

Drinking  in  public,  a nuisance 184  55 

Vehicles  standing  on  streets 184  56 

Meddling  with  fire  hydrants  184  57 

.Vagrants 184  58 

Fast  driving  over  bridges 183  59 

Idling  about  depots  185  60 

Minors  climbing  on  cars 185  61 

Throwing  stones  at  street  cars . 186  62 

Minors  climbing  on  street  cars 186  63 

Refusing  to  pay  car  fare  on  street  cars 186  64 

Disorderly  conduct  on  street  cars 186  65 

Obstructing  the  operation  of  street  cars 186  66 

Billboards  a nuisance,  when  187  67 

Attempt  to  commit  an  offense  187  68 

Accessories  to  an  offense 187  69 

Prostitutes  loitering  on  streets 187  70 

Ringing  school  bells  between  certain  hours 187  71 

Boys  loitering  about,  churches,  theatres,  stores 188  72 

Driving  unhaltered  horses  or  mules  through  streets 188  73 

Using  abusive  language  in  parks 205  8 


394 


Index. 


MISDEMEANORS — Continued.  Page.  Section. 

Turning  animals  into  parks 204  3 

Injuring  trees,  grass,  buildings,  etc.,  in  parks 204  5 

MONEY  CHANGERS.  laws. 

Power  to  license 26  91cl 

ZEsT. 

NEWSPAPERS.  ' laws. 

Publication  of  election  notices  in 17  56 

Publication  of  ordinances  in 27  64 

ORDINANCES. 

Notice  to  non-resident  to  abate  nuisance 194  19 

NOISES  AND  DISTURBANCES. 

LAWS. 

Power  to  prevent  and  suppress 25  72cl 

ORDINANCE. 

Disturbing  peace  of  family  by 175  5 

NON-RESIDENT.  laws. 

Condemnation  of  property  of 46  121 

ORDINANCES. 

Owner  of  impounded  animals — proceedings  against 103  11 

Notice  to,  of  proceeding  to  condemn  building  in  fire  limits  140  9 

Notice  to,  to  abate  a nuisance : 191  18 

NOTICES.  laws. 

Of  election  for  change  of  organization 4 2 

Of  election  for  organizing  a city 4 5 

After  change  in  organization 5 7 

Of  general  election 17  56 

To  be  given  elected  or  appointed  officer 18  59 

Of  special  election 18  61 

Of  special  assessments 51  141 

For  collection  of  special  assessments 54  151 

Of  proceedings  for  annexing  territory  to  city 71  198 

Judicial  notice — courts  to  take 72  205 

ORDINANCES. 

Form  of  for  impounded  animals 102  9 

Must  be  given  to  non-resident  owner  of  animal 103  11 

Pound  keepers 104  13 

Clerk  to  give,  of  election 127  3 

Clerk  to  give  to  persons  elected  to  office 132  19 

To  abate  wooden  building  in  fire  limits 139  7 

For  condemnation  of  dilapidated  building  in  fire  limits 139  9 

To  be  served  by  fire  wardens 144  26- 


I.NDEX. 


395 


NOTICES — Continued.  Page.  Section. 

To  enforce  construction  of  theatre  exits,  etc 145  29 

Pestilence,  to  be  posted  on  premises 152  7 

To  abate  pig-sty  or  stable  nuisance 189  1 

To  remove  manure  heap , 190  2 

Green  or  salt  hides — notice  to  abate  required 191  6 

To  abate  nuisance  of  old  or  dilapidated  building 194  19 

Penalty  for  not  obeying,  to  abate  nuisance... 195  21 

Notice  to  abate  any  nuisance  or  thing  likely  to  become  such  196  25 

To  railroad  company  to  repair,  culvert,  bridge,  etc 223  5 

Must  be  left  with  engineer  of  intention  to  open  trench  in 

street,  etc 242  12 

To  owner  to  remove  obstruction  from  street  or  alley 255  2 

NUISANCES.  laws. 

Power  to  define  and  abate 25  75cl 

Power  to  impose  fine  for  creating  or  continuing 25  75cl 

ORDINANCES. 

Unmuzzled  dogs  at  large,  a 124  2 

Bitch  at  large  while  in  heat,  a 124  3 

Dangerous  dogs  at  large,  a 124  4 

Drinking  intoxicating  liquor  in  public,  a 184  55 

Bill  boards  are,  in  certain  cases 187  67 

Pens  and  stables  allowed  to  become  foul,  are  189  1 

Accumulation  of  manure  is 189  2 

Suffering  premises  to  become  foul 190  3 

Throwing  foul  liquids  on  premises  is  a 190  4 

Depositing  offensive  matter  in  river,  a 190  5 

Green  or  salt  hides  are  a,  in  certain  cases 191  6 

Dead  animals  are 191  7 

Trap  doors  on  walk  left  open,  are  a 191  9 

Removing  dead  animal  in  offensive  way,  a 191  8 

Removal  of  offensive  matter 191  10 

Carts  and  vehicles  carrying  offensive  matter 192  11 

Slaughter  houses  within  one  mile  of  city 192  12 

Operating  slaughter  houses 192  13 

Permit  for  slaughter  house  must  be  had 192  14 

Time  for  which  permit  for  slaughter  house  may  issue 193  15 

Stagnant  water,  a 193  16 

Dilapidated  building,  a 193  17 

Abating  dilapidated  building,  nuisance 194  18 

Notice  to  owner — building  to  be  destroyed 194  19 

Report  of  cost  of  abating — suit  against  owner 195  20 

Penalty  for  not  obeying,  owner 195  21 

Building  in  danger  of  falling 195  22 

Duty  of  mayor  concerning  dangerous  building 195  23 

Dangerous  scaffolds 196  24 


396 


Index. 


NUISANCES — Continued.  Page.  Section. 

Duty  of  police — notice— cost  of  abating,  etc 196  25 

Where  author  of,  is  unknown,  proceeding  in 196  26 

Washing  buggies  on  street 197  27 

Stable  not  to  be  erected  within  twenty  feet  of  street 197  28 

Sidewalks  out  of  line,  a 248  7 

Sidewalks  not  of  brick  or  stone,  a 248  8 

Creaking  signs,  a 252  19 

Gates  opening  over  sidewalks,  a 253  24 

Crowds  obstructing  sidewalks,  a 253  26 

Obstructions  on  street,  a 256  3 

NUMBERING  HOUSES.  {See  House  Numbering.) 

O. 

OATHS.  laws. 

Required  of  all  city  officers 30  75 

To  be  filed  in  city  clerk’s  office 30  75 

May  be  administered  by  mayor  or  clerk 33  87 

Of  commissioners  in  special  assessments 50  138 

ORDINANCES. 

Of  city  engineer 115  3 

Of  chainmen 117  10 

Of  corporation  counsel.  : 122  3 

Of  judges  and  clerks  of  election 128  7 

Required  of  itinerant  merchant  157  5 

Of  city  officers 198  2 

Of  police  officers 212  3 

OBSCENE  ACT. 

Punishment  for,  in  public  park 205  10 

OBSCENE  PUBLICATIONS.  laws. 

Power  to  prohibit  sale  of 22  45cl 

ORDINANCES. 

Punishment  for  selling  or  exhibiting 176  10 

Punishment  for  having,  in  possession 176  11 

Punishment  for  writing,  etc.,  obscene  words  or  pictures....  176  12 

OBSTRUCTIONS. 

Cars  obstructing  streets 223  2 

In  sewers  to  be  removed 246  24 

Delivering  or  receiving  goods  on  sidewalk 252  20 

On  sidewalks 253  25 

Crowds  obstructing  sidewalks 253  26 

Removing,  from  sidewalks 253  27 

In  streets,  forbidden 255  1 


Index. 


397 


OBSTRUCTIONS — Continued.  Page.  Section, 

Owner  to  remove,  on  notice 255  2 

Engineer  to  remove,  from  street 256  3 

Building  material  in  street. 256  4 

Red  lights  to  be  put  on  piles  of  building  material 256  5 

Merchandise  or  fuel  on  streets. 257  8 

Teams  obstructing  street 257  9 

Persons  placing,  liable  for  damages 257  10 

OFFENDERS.  (See  Misdemeanors.) 

LAWS. 

Who  may  arrest 32  83 

May  be  detained  over  night  or  Sunday 32  83 

OFFAL.  (See  Garbage.)  ordinances. 

Allowing  to  accumulate  on  premises,  a nuisance 190  4 

Depositing,  in  river,  a nuisance 190  5 

In  slaughter  houses,  a nuisance 192  13 

OFFENSES.  (See  Misdemeanors.) 

Prosecutor  to  elect  for  which,  he  will  prosecute 203  9 

OFFICERS.  laws. 

Election  of,  after  change  of  organization 5 7 

Term  of,  first  elected  after  change 6 9 

How  removed  and  restored 9 20 

Misconduct  of  mayor  or  other  officer 10  27 

Power  of  council  concerning 24  71cl 

What  officers  to  be  elected 29  72 

Council  may  provide  for  additional 29  73 

Not  entitled  to  salary  when  office  discontinued 29  73 

Duties  of,  may  be  prescribed  by  council 30  74 

How  appointed. 30  ‘74 

Oath  and  bond  of. 30  75 

How  commissioned 31  76 

To  deliver  property  to  successor 31  76 

Qualification  of. 31  77  . 

Not  to  be  interested  in  any  contract 31  78 

Bribery  of — penalty 31  79 

Power  of  certain  officers  to  make  arrests 32  83 

Compensation  of 33  86 

To  report  fees  received 33  86 

Contracting  liabilities  by : 35  91 

May  be  authorized  to  attend  tax  sales 57  159 

Salaries  of,  when  fixed,  not  to  be  changed 76  244 

ORDINANCES. 

Appointive  offices  created 197  1 

Oath  of 198  2 


398 


Index. 


OFFICERS — Continued.  Page.  Section. 

Official  bond  of. 198  3 

Sureties  on  bond— how  prepared — new  bonds 198  4 

Commissions  of 199  5 

To  pay  over  all  money  to  city  treasurer 199  6 

Salaries,  when  payable 199  7 

Records  of  city  open  to  inspection 199  8 

Absent,  mayor  to  assign  duties  of 199  9 

Removal  or  absence  from  city  of,  to  vacate  office 200  10 

Liability  of,  for  damages 200  11 

Duties  of  ctty  attorney 200  12 

Duties  of  city  clerk 200  13 

As  witness,  when  arrest  has  been  made 218  25 

OFFICES.  laws. 

Council  may  create  and  discontinue 29  73 

Term  of,  limited 30  74 

ORDINANCE. 

Certain,  created 197  1 

OMNIBUS  DRIVERS. 

Power  to  license,  tax  and  regulate 22  42cl 

OPENING  STREETS.  laws. 

Proceedings  for 45  118 

Power  to  lay-out  and  open » 19  7cl 

ORDINANCES.  laws. 

Prior  ones  in  force  after  change  of  organization 6 11 

Mayor  to  enforce  their  execution 9 23 

Revision  of,  after  change  of  organization 10  28 

Yeas  and  nays  to  be  taken  on  passage  of. 13  41 

Require  vote  of  majority  of  aldermen  elected 13  41 

Concerning  health  and  quarantine 13  44 

To  be  deposited  in  office  of  city  clerk. 14  46 

Take  effect  if  not  signed  by  mayor 14  46 

How  passed  over  mayor’s  veto 14  47 

General  power  of  council  to  pass 27  96cl 

Penalty  for  violating,  not  to  exceed  $200 27  96cl 

Style  of 27  63 

Publication  of,  when  to  take  effect. 27  64 

Proof  of 27  65 

Suits  for  violating,  how  brought 27  66 

Actions  for  violating,  process,  etc 28  68 

Requires  two-thirds  vote  of  council  to  create  office 29  73 

To  be  recorded  by  clerk 32  82 

Evidence  of  passage  and  publication  of. 32  82 

Making  annual  appropriations 34  89 


Index. 


399 


ORDINANCES — Continued.  Page.  Section. 

Levying  tax 41  111 

For  making  local  improvement 45  117 

When  property  is  to  be  taken  for  improvement 45  118 

For  improvement  by  special  assessment 49  133 

For  building  or  removing  sidewalk 49  134 

Arrest  and  imprisonment  for  violating 85  267 

For  annexation  of  territory  to  city 69  195 

For  disconnecting  territory  from  city 72  205a 

Record  of,  certified  by  clerk 73  205b 

Justices  have  jurisdiction  for  violation  of. 28  69 

Salaries  of  officers  may  be  fixed  in  annual  appropriation...  76  244 

What  sidewalk  ordinance  may  provide 81  259 

ORDINANCES. 

Repealed,  in  force  until  when 201  1 

Conflicting  ordinances 201  2 

“Court,”  as  used  in,  defined 202  3 

Effect  of  repealing  a repealing 202  4 

Construction  of  words  as  used  in 202  5 

Power  of  mayor  pro  tern 202  6 

Rules  of  construction  of. : 202  7 

Fines,  etc.,  not  released  by  repeal  of 202  8 

Two  offenses,  prosecutor  to  elect 203  9 

Enrollment  of,  duties  of  clerk 203  10 

Old  ordinances  in  force  until 203  11 

Dilapidated  building  to  be  abated  by 194  18 

Violations  of,  by  pawnbroker’s  clerk 208  8 

Cannot  pass,  except  by  majority  vote 231  19cl 

IP. 

PACKING  HOUSES.  (See  Slaughter  Houses.) 

PARKS. 

Committee  on  public  grounds  to  have  charge  of 204  1 

Penalty  for  leaving,  except  at  gateway 204  2 

Climbing  on  fences  of. 204  2 

Turning  animals  into,  prohibited 204  3 

Firearms  and  fireworks  forbidden  in 2^4  4 

Injury  to  trees  or  grass  in 204  5 

Selling,  hawking  or  peddling  in 205  6 

Bathing  or  fishing  in,  prohibited 205  7 

Abusive  language  in 205  8 

Gaming  in,  prohibited 205  9 

Intoxicated  persons  not  allowed  in 205  10 

Indecent  or  unlawful  acts  in 2 5 10 


400 


Index. 


PARKS — Continued.  Page.  Section. 

Fires  in,  prohibited,  except 205  11 

Driving  on  turf. 205  12 

Hitching  horses  to  trees  in 205  13 

Throwing  stones  or  rubbish  in 206  14 

Posting  bills  in,  prohibited 206  15 

PARTITION  FENCES  AND  PARTY  WALLS. 

LAWS. 

Power  to  regulate „.  23  60cl 

PAWNBROKERS.  laws. 

Power  to  license  and  regulate- 22  41cl 

ORDINANCES. 

Defined — license  required — penalty 206  1 

Mayor  may  grant  license — rate — bond 206  2 

Book  of,  open  to  inspection....... 207  3 

Property  of  minor — stolen  property 207  4 

Time  of  receiving  property 207  5 

Other  business  forbidden  by. 208  6 

Inspection  of  premises  and  property  of.  208  7 

Violation  of  ordinances  by  clerk 208  8 

PEDDLERS.  laws. 

Power  to  license  and  regulate 21  41cl 

ORDINANCES. 

Not  allowed  in  parks 205  6 

Definition  of 209  1 

Peddling  without  license 209  2 

Rate  of  license  fees 209  3 

May  sell  produce,  etc.,  without  license 210  4 

Not  to  enter  house  without  permission. 211  5 

Mayor,  in  cases  of  charity,  may  remit  license  fee 211  6 

PENS  AND  STABLES. 

Allowed  to  become  foul,  a.  nuisance 189  1 

Erecting,  within  twenty  feet  of  street,  a nuisance 197  28 

PENALTIES.  laws. 

Misconduct  of  mayor  or  other  officer. 10  27 

Ordinance  imposing,  to  be  published 27  64 

Suits  for  recovering 27  66 

Penalty  for  bribery « 31  79 

On  foreign  insurance  companies 40  110 

On  collector  for  failing  to  give  notice  of  special  assessment  54  152 

For  returning  paid  tax  as  delinquent 56  156 

How  action  brought  to  recover 85  267 

ORDINANCES. 

For  recording  plat  not  approved  by  city  council 94  3 


Index. 


401 


PENALTIES— Continued.  Page.  Section. 

For  selling  lots  in  unapproved  plat  or  addition 94  4 

For  allowing  chairs,  etc.,  in  aisles  of  theatres,  etc 97  8 

For  loitering  in  hallways,  etc.,  of  theatres,  etc 97  9 

For  allowing  minors  in  variety  shows 97  10 

For  exhibiting  indecent  play 98  11 

For  failure  to  maintain  order  at  shows,  etc 98  12 

For  disorderly  conduct  at  shows,  etc 98  13 

For  circus  parade  without  permit  from  mayor 98  14 

For  keeping  shooting  gallery  without  license 99  15 

For  target  shooting  in  uninclosed  place 99  17 

For  exhibiting  lung  tester,  etc.,  without  license 99  19 

For  allowing  stock  to  run  at  large 100  2 

For  breaking  pound  or  hindering  impounding. 105  16 

For  the  wrongful  taking  up  of  animals 105  17 

For  driving  loose  animals  through  streets •. 106  23 

For  selling  goods  at  auction  without  license 107  2 

For  substituting  one  article  for  another  by  auctioneer 108  7 

General,  applicable  to  auctioneers 108  8 

For  running  billiard  tables,  etc.,  without  license 109  1 

For  keeping  open  billiard  room  on  Sunday,  etc 109  3 

For  allowing  minors  to  loiter  at  billiard  room  110  4-5 

For  butchering  without  license 110  1 

For  failure  of  butcher  to  keep  book  required Ill  2 

For  slaughtering  diseased  animal Ill  3 

For  selling  the  meat  of  diseased  animal Ill  4 

For  selling  unwholesome  provisions 112  5 

For  displaying  fruit,  etc.,  on  benches 112  6 

For  keeping  scales  for  hire,  unless  licensed 120  3 

For  altering  weigher’s  certificate  of  weight 121  11 

For  allowing  unmuzzled  dog  at  large 124  2 

For  permitting. bitch  in  heat  to  run  at  large..... 124  3 

For  allowing  dangerous  dog  at  large 124  4 

For  violations  of  druggist  ordinance 126  9 

For  failure  to  make  returns  of  election  131  16 

For  disorderly  conduct  at  election 132  21 

For  keeping  dramshop  open  on  election  day 133  22 

For  building  in  fire  limits  contrary  to  ordinance 137  2 

For  failure  to  remove  condemned  building  from  fire  limits  140  10 

For  violating  fire  ordinance 140  11 

For  erecting  stoves,  chimneys,  etc.,  contrary  to  fire  ordi- 
nance   141  12 

For  other  violations  of  fire  ordinance 142  15 

For  permitting  shavings,  etc.,  in  fire  limits 142  16 

Lights  in  barns  unsecured 142  17 

For  carrying  unsecured  fire 142  18 

26 


402 


Index. 


PENALTIES — Continued.  Page.  Section. 

For  depositing  ashes  insecurley 143  19 

For  burning  straw,  or  building  bonfires 143  20 

For  boiling  pitch 143  21 

Out-door  fires 143  22 

For  improper  burning  out  of  chimneys 143  23 

For  scattering  shavings,  etc 144  24 

For  filling  spittoons  with  shavings 144  25 

For  a failure  to  provide  exits  at  theatres 145  27 

For  a failure  to  provide  fire-  escapes 146  29 

For  storing  powder 146  30 

For  failing  to  obey  orders  of  fire  marshal 148  36 

For  breaking  fire  apparatus 148  37 

For  driving  vehicle  over  fire  hose 148  38 

For  running  cars  over  fire  hose 148  39 

For  throwing  w-ater  on  persons 148  40 

For  obstructing  street  at  fire  with  vehicles 149  42 

For  tailing  to  post  notice  of  pestilence 152  7 

For  failure  to  report  pestilence 152  8 

For  failure  to  change  apparel  after  visiting  smallpox  case.  152  9 

For  spreading  smallpox 153  10 

For  bringing  infected  person  or  clothing  into  city 153  11 

For  burying  dead  body  without  permit 153  14 

For  failing  to  obtain  scavenger’s  permit 154  15 

For  failing  to  obey  orders  of  health  commissioner 154  19 

For  carrying  business  of  itinerant  merchant  without  license  155  1 

For  violating  ordinance  relating  to  itinerant  merchant 158  8 

For  dealing  in  junk  without  license 158  2 

For  engaging  in  liquor  business  when  license  has  been 

refused 166  8 

For  selling  liquor  on  Sunday 167  10 

For  permitting  lewd  women  to  loiter  or  drink  in  saloon...  167  12 

For  keeping  disorderly  dramshop 168  15 

For  perinittiug  gaming  in  dramshop 168  16 

For  permitting  minor  to  loiter  in  saloon 170  19 

For  minor  loitering  in  saloon 170  20 

For  using  or  having  slide  or  dumb-waiter  in  saloon 171  24 

For  not  keeping  windows  of  dramshop  so  interior  can  be 

seen 171  26 

For  selling  mik  from  wagon  without  license 172  1 

For  selling  adulterated  milk 173  ’ 5 

For  several  misdemeanors,  see  chapter  XXXIII 174 

For  permitting  pen  or  stable  to  become  foul 189  1 

For  refusing  to  remove  manure  heap 189  2 

For  permitting  premises  to  become  foul 190  3 

For  throwing  foul  liquid  or  substance  on  premises 190  4 


Index. 


403 


’.PENALTIES — Continued.  Page.  Section. 

For  depositing  offensive  matter  in  river 190  5 

Green  and  salt  hides,  when  a nuisance 191  6 

For  permitting  dead  animal  to  become  a nuisance 191  7-8 

For  leaving  open  door,  etc.,  in  sidewalk, etc 191  9 

For  not  disinfecting  night-soil  before  removing 191  10 

For  not  properly  carrying  off  scavenger  matter 192  11 

For  carrying  on  slaughter  house  without  permit 192  12 

For  operating  slaughter  house  in  offensive  way 192  13 

For  not  removing  stagnant  water 193  16 

For  not  obeying  notice  to  remove  dilapidated  house 195  21 

For  washing  buggy,  etc.,  on  streets 197  27 

For  erecting  stable  within  twenty  feet  of  street 197  28 

When  two  or  more,  provided  for  one  offense 203  9 

For  leaving  park  except  at  gateway 204  2 

For  turning  animals  into  parks 204  3 

For  carrying  or  using  firearms  in  park 204  4 

For  injuring  grass,  trees,  etc.,  in  parks 205  5 

For  peddling  in  parks 205  6 

For  bathing,  etc.,  in  parks 205  7 

For  using  abusive  language  in  parks 205  8 

For  gaming  in  parks 205  9 

For  intoxication  or  indecent  act  in  parks 205  10 

For  lighting  fires  in  parks 2Q5  11 

For  driving  carriage  on  grass  or  hitching  to  trees  in  park..  2o5  12 

For  throwing  stones  or  rubbish  in  parks 206  13 

For  posting  bills  in  parks 206  14 

For  engaging  in  pawnbroker’s  business  without  license 206  1 

For  peddling  without  license 209  2 

For  peddler  entering  house  without  permission  210  5 

For  falsely  representing  to  be  an  officer. 220  33 

For  creating  disturbance  at  library. 221  1 

For  refusing  to  leave  library  on  request 221  2 

For  loitering  on  library  stairway. 222  3 

For  not  returning  books  to  library 222  4 

For  mutilating  books  in  library 222  5 

For  persisting  in  going  to  library  when  requested  not  to...  222  6 

For  taking  property  from  library  without  permission 222  7 

For  failure  of  railroad  to  repair  culvert,  etc 223  5 

For  railroad  violating  ordinance 225  9 

For  running  roller  skating  rink  without  a license 225  3 

For  engaging  in  business  as  second-hand  dealer  without 

license 233  2 

For  failure  ofsecond-hand  dealer  to  keep  book  of  purchases  233  5 

For  constructing  drain  or  sewer  contrary  to  orders  of 
engineer 240  6 


404 


Index. 


PENALTIES — Continued.  i Page.  Section.. 

For  making  or  using  house  sewer  connection,  except 243  13 

For  uncovering  or  tampering  with  flush  tanks 244  14 

For  connecting  with  sewer  for  storm  water  or  garbage 244  15 

For  excavating  around  sewer  without  permit 244  16 

For  refusing  engineer  admittance  for  inspection 244  18 

For  not  providing  fixtures  with  water  supply 245  19 

For  violating  any  part  of  sewer  ordinance 245  21 

For  not  protecting  area-ways  under  walk 250  13 

For  not  covering  coal  holes  in  sidewalks 250  14 

For  erecting  hitching  racks  in  certain  streets 250  15 

For  not  properly  adjusting  awnings  over  walks 251  16 

For  using  walks  for  merchandise  or  signs,  etc 251  17 

For  not  securely  fastening  signs 252  18 

For  not  remedying  creaking  sign  after  notice 252  19 

For  obstructing  sidewalk  with  merchandise 252  20 

For  driving  animals  on  walks 252  21 

For  hitching  teams  so  as  to  obstruct  sidewalk 253  23 

For  allowing  gate  to  swing  over  sidewalk 253  24 

For  obstructing  sidewalks 253  25-26 

For  obstructing  street 255  3 

For  resisting  engineer  in  removing  obstructions 256  3 

For  obstructing  street  with  building  material 256  4 

For  failure  to  put  red  lights  on  building  materials 256  5 

For  failure  to  put  lights  at  excavations *256  6 

For  leaving  any  cellar  door,  etc.,  in  street  open  at  night....  257  7 

For  leaving  merchandise  or  fuel  in  streets 257  8 

For  obstructing  street  by  teams 257  9 

For  rebuilding  or  repairing  building  in  street 258  11 

For  removing  building  through  streets 258  12 

For  digging  in  streets 258  13 

For  failing  to  guard  excavations  adjoining  street 258  14 

For  excavating  in  or  tearing  up  street 258  15 

For  removing  grade  or  corner  stake 259  16 

For  removing  or  selling  earth  from  street.. 259  17 

For  throwing  ashes  or  rubbish  in  streets 259  18 

For  putting  fire  on  street  crossings 259  19 

For  throwing  paper  or  rubbish  in  streets 260  20 

For  stopping  team  on  crossing 260  21 

For  feeding  or  huckstering  on  square 260  22 

For  not  numbering  house 261  27 

For  throwing  dirt,  etc.,  on  paved  street 261  29 

For  molesting  paved  street  without  permit 262  31 

For  charging  excessive  rate  by  licensed  vehicler 266  7 

For  boisterous  conduct  by  cabman,  etc 266  8 


Index. 


405 


PENALTIES — Continued.  Page.  Section. 

For  false  representation  or  extortion  by  driver  of  licensed 

vehicle 267  11 

For  failing  to  keep  part  of  ordinance  by  owner  of  licensed 
vehicle 267  12* 

PERMITS.  ORDINANCES. 

Druggist  must  obtain,  to  sell  intoxicants 126  7 

Druggist’s  permit  may  be  revoked 126  8 

Not  to  permit  sale  on  Sunday,  except 125  4 

Must  be  obtained  for  building  in  fire  limits 137  2 

Burial  permit  must  be  obtained 153  14 

Scavengers  must  obtain,  from  health  commissioner 154  15 

Must  be  had  for  slaughter  house,  soap  factory,  etc 192  12 

Must  be  had  from  engineer  to  connect  with  sewers 241  9 

Engineer  to  grant,  for  sewer  connections,  when 242  10 

Must  obtain,  for  vault  or  area  under  sidewalk. 249  11 

Penalty  for  using  sidewalk  for  area-way  without  permit 249  12 

Not  to  use  street  for  building  material  without 256  4 

Not  to  move  building  through  streets  without 258  12 

Not  to  excavate  in  streets  without 258  15 

Not  to  remove  earth  from  streets  without 259  17 

Not  to  molest  paved  street  without 262  30 

No  permit  to  dig  open  paved  street  until  bond  is  given 262  31 

PESTILENCE.  (See  Contagious  Disease.) 

ORDINANCE. 

Notice  of,  to  be  posted  on  house 152  7 

Physicians  to  report  to  health  commissioner 152  8 

PETROLEUM.  laws. 

Power  to  regulate  storage  of 24  65cl 

ORDINANCE. 

Penalty  for  drawing  by  gas  light 180  34 

PIN  ALLEYS.  laws. 

Power  to  license,  regulate,  etc 22  41cl 

PITCH.  LAWS. 

Power  to  regulate  storage  of 24  65cl 

ORDINANCES. 

Not  to  boil,  except  in  secure  building 143  21 

PLATS.  ( See  Additions — Maps.) 

LAWS. 

Approval  of  by  council..... 5 89 

ORDINANCES. 

Streets  must  conform  to  established  streets 93  1 

Plat  must  be  submitted  to  council 93  2 

.Not  valid  unless  approved  by  council 94  2 


406 


Index. 


PLATS — Continued.  Page. 

Penalty  for  recording,  unless  approved 94 

Penalty  for  selling  lots  when  plat  not  approved 94 

To  have  certificate  attached  signed  by  mayor 91 

City  engineer  to  keep,  showing  lines  of  sewers 241 

PLUMBERS.  ordinances. 

Sewer  connections  to  be  made  by  licensed 241 

Must  be  licensed  by  engineer  to  make  sewer  connections  244 

PHYSICIANS.  ORDINANCES. 

Mayor  to  appoint  a licensed,  commissioner  of  health 149 

Mayor  may  appoint  two,  assistant  health  commissioners...  150 
To  report  contagious  disease  to  commissioner  of  health...  152 
Required  to  change  wearing  apparel  in  certain  cases 152 

PLANING  MILLS. 

In  fire  limits  a nuisance 146 

PLEASURE  DRIVEWAYS.  laws. 

City  council  may  set  apart  streets  for £8 

May  be  laid  out  under  special  assessment  act 89 

Power  to  regulate  and  control 89 

POISONS.  ORDINANCES. 

Punishment  for  selling  without  labeling 180 

Person  selling  must  register  name  of  purchaser,  etc 180 

POLICE.  laws. 

Power  to  regulate  and  prescribe  duties  of 24 

Conservators  of  the  peace 32 

Power  to  make  arrests  and  execute  warrants 32 

May  go  into  any  adjoining  municipality  and  make  arrests, 

&c  75 

ORDINANCES. 

Required  to  enforce  ordinance  relating  to  theatres 97 

Shall  take  up  stock  unlawfully  at  large 101 

Shall  enforce  liquor  ordinance 167 

To  report  convictions  under  liquor  ordinance  to  mayor...  169 
Required  to  notify  mayor  of  places  where  gaming  is  car- 
ried on 177 

Required  to  destroy  gaming  implements 178 

To  report  all  nuisances  and  abate  the  same 196 

To  be  appointed  annually 197 

Must  be  commissioned 199 

Liable  to  city  for  losses  caused  by  negligence tOO 

May  inspect  pawnbrokers’  books 207 

Appointment  of  by  mayor 211 

Bond  and  oath  of 212 

Divided  into  day  and  night  force 213 


Section. 

3 

4 

5 

7 

8 
17 

2 

4 

8 

9 

31 

1 

2 

3 

35 

35 


66cli 

83 

83 

220 

& 

5 

11 

17 

18 
19 
25 

1 

5 

11 

3 

2: 

3 

9,j 


Index. 


407 


POLICE — Continued.  Page.  Section. 

Record  of,  to  be  kept ;...  213  11 

Special,  term,  compensation,  etc 214  12 

Temporary,  when  appointed 214  13 

Duties  of  policemen 214  14 

Power  to  make  arrests  and  serve  warrants 215  15 

May  swear  out  search  vvarrants,  when 215  16 

Neglect  of  duty  by 215  17 

Causes  of  removal  of. 216  18 

Shall  attend  as  witnesses  when  arrest  is  made 218  25 

May  call  to  his  aid  persons— posse  comitatus 221  37 

POLICE  DEPARTMENT.  ordinances. 

Shall  consist  of. 211  1 

Appointment  of  policemen  211  2 

Bond  and  oath  of  policemen 212  3 

Duties  of  mayor 212  4 

Duties  of  city  marshal 212  5 

Marshal  custodian  of  property 212  6 

Reports  of  city  marshal 212  7 

Absence  of  marshal : 213  8 

Day  and  night  force — beats,  etc 213  9 

Captain  of  night  police,  turnkey,  etc 213  10 

Police  record 213  11 

Special  police 214  12 

Temporary  policemen 214  13 

Duties  of  policemen 214  14 

Power  to  make  arrests,  serve  warrants 215  15 

Search  warrant 215  16 

Neglect  of  duty  by  policemen 215  17 

Causes  of  removal  of  policemen 216  18 

Trial  of  person  arrested,  continuance,  bail 216  19 

Arrests  at  night 217  :0 

Prisoner  drunk  when  arrested  217  21 

-Statement  to  be  filed 217  22 

Arrests  without  warrant 217  23 

Bail 217  24 

Officers  as  witnesses  ..  218  25 

Witness  and  jury  fees 218  26 

Malicious  suits — costs  taxed  to  prosecutor 218  27 

Commitment— labor  by  prisoners 218  28 

Refusal  of  prisoner  to  labor  219  29 

Discharge  of  prisoner 219  30 

Report  of  labor  performed 219  31 

Payment  of  fines  into  city  treasury 219  32 

Report  of  police  magistrate 219  32 


408 


Index. 


POLICE  DEPARTMENT— Continued. 

Falsely  representing  to  be  an  officer 

. Resisting  an  officer  

Rescuing  prisoner..... 

Re-arrest  of  escaped  prisoner 

Posse  comitatus 

Uniforms  of  police 

POLICE  DISTRICT.  laws. 

What  shall  constitute 

Police  may  go  into  to  suppress  riots,  &c 

POLICE  MAGISTRATES.  laws. 

Jurisdiction  of  in  cases  arising  under  ordinances, 
ORDINANCES. 

To  make  quarterly  reports 

Council  may  direct  suits  taken  from,  when 

PORTERS  AND  RUNNERS.  laws. 

Power  to  license  and  regulate 

ORDINANCES. 

Marshal  shall  designate  stands  for,  at  depots,  etc. 
POSSE  COMITATUS. 

Police  may  call  to  his  aid  persons  over  18 

POSTING  BILLS.  (See  Bill  Posting.) 

POULTRY.  laws. 

Power  to  regulate  sale  of. 

Power  to  regulate  inspection  of. 

POUNDS.  (See  Animals.)  laws. 

Power  to  establish 

ORDINANCES. 

To  be  provided  by  council. 

Animals  may  be  released  from,  when ... 

Breaking  pound  and  releasing  animals 

Mayor  and  council  may  create  additional 

POUNDKEEPER.  ordinances. 

Mayor  to  appoint — bond 

To  take  up  animals  unlawfully  at  large 

To  feed  and  care  for  animals  taken  up 

Fees  of,  for  sustenance  and  taking  up 

Shall  make  complaint  if  animal  not  redeemed 

Proceedings  when  owner  is  known 

To  give  notice  of  sale 

To  keep  book — proceeds  of  sales. 

To  make  report  to  council 


Page. 

Section- 

33 

34 

35 

36 

37 

38 

219 

220 

69 

..  219 

32 

..  219 

32 

..  22 

42cl 

9 

37 

...  23 

50cl 

53cl 

80cl 

3 

..  101 

7 

..  105 

16 

19 

3 

4 

...  101 

4 

22 

..  102 

8 

9 

13 

14 

18 

Index. 


409 


POWDER.  Page.  Section. 

Not  more  than  twenty-five  pounds  to  be  stored 146  30 

Not  to  be  sold  by  gaslight 180  34 

POWERS.  laws. 

Of  city  officers  after  change  of  organization 4 3 

Of  cities  organized  under  general  law 6 10 

Of  mayor  pro  tern 8 17 

General  powers  of  city  council 19  62 

PRINTING.  laws. 

Power  to  provide  for  letting  by  contract 26  94cl 

PRIVIES.  ' laws. 

Power  to  compel  owners  to  clean. 25  84cl 

Power  to  regulate  location  of. 25  84cl 

ORDINANCES. 

Foul,  a nuisance 190  3 

Matter  in,  to  be  disinfected  before  removing 191  10 

Carts  carrying  contents  of,  to  be  tightly  closed 192  11 

PROCESSIONS.  ORDINANCES. 

Circus  not  to  parade  without  permit 98  14 

PROCESS.  laws. 

Suits  for  violating  laws,  how  brought 27  66 

Summons  first  to  be  issued 28  68 

Warrant  may  issue  in  first  instance,  when 28  68 

Constable  or  sheriff  may  serve 28  70 

Policemen  may  serve  and  execute 32  83 

' Summons  in  condemnation  suit 46  121 

Warrant  may  issue,  when  affidavit  filed 85  267 

* ORDINANCES. 

Police  have  power  to  serve 215  15 

Police  may  swear  out  search  warrant 215  16 

Suits  commenced  by  summons 217  22 

When  person  arrested  without  warrant 217  23 

PROSTITUTES.  (See  Vagrants. ) 

LAWS. 

Power  to  restrain  and  punish 25  74cl 

ORDINANCES. 

Not  allowed  in  dramshop 167  12 

Punishment  for  being  inmates  of  bawdy  house 178  21 

Loitering  on  streets  prohibited 187  70 

Not  allowed  to  drink  in  or  loiter  around  saloon 167  12 

PROPERTY,  PUBLIC  AND  PRIVATE. 

LAWS. 

Vote  required  to  sell 13  41 


410 


Index. 


PROPERTY,  PUBLIC  AND  PRIVATE— Continued.  Page.  Section. 

Power  of  council  to  control 19  lcl 

May  sell  real  or  personal,  not  necessary 87  1 

Ordinance  to  be  passed — contents 87  2 

By  whom  conveyance  made 88  3 

ORDINANCES. 

Bills  not  to  be  posted  on,  without  owner’s  consent 183  51 

Taking,  from  public  library 222  7 

City  marshal  custodian  of,  of  police  department  212  6 

Stolen,  city  marshal  custodian  of. 212  6 

Trespassing  upon 183  49 

Trespassing  on  private  premises 183  50 

PROVISIONS.  laws. 

Power  to  regulate  sale  of. 23  50cl 

Power  to  regulate  inspection  of 23  53cl 

ORDINANCES. 

Selling  unwholesome  provisions 112  5 

Inspectors  of 112  7 

PUBLICATION.  laws. 

Of  ordinances  in  newspaper 27  64 

Of  ordinances  in  book  or  pamphlet  form. 27  65 

Proof  of. 27  65 

Of  ordinance  for  construction  of  sidewalk 82  260 

PUNISHMENT.  laws. 

Of  persons  violating  ordinances 85  267 

Q-- 

QUARANTINE.  laws. 

Jurisdiction  of  council  to  enforce  regulations 13  44 

QUORUM.  laws. 

Of  city  council,  what  constitutes 13  36 

IE£. 

RAILROADS.  laws. 

Power  to  change  location,  grade,  etc 21  25cl 

Power  to  require  fencing 21  26cl 

When  liable  for  domestic  animals 21  26cl 

Power  to  require  flagmen  to  be  kept. 21  27cl 

To  raise  or  lower  tracks  to  conform  to  grade 21  27cl 

To  keep  open  ditches,  culverts,  etc 21  27cl 

Tracks  of,  to  be  laid  in  streets  only  on  petition 26  90cl 

To  regulate  speed  of  trains 20  21cl 


Index. 


411 


RAILROADS — Continued.  ordinances.  Page.  Section. 

Speed  of  cars  regulated. 223  1 

Cars  obstructing  street 223  2 

Locomotive  whistle 223  3 

Railroad  crossings  and  bridges 223  4 

Notice  given  to  repair  culvert,  etc 223  5 

City  may  build  crossihg  and  recover 224  6 

Flagmen,  bars  ami  gates !...  224  7 

Lights  on  cars  at  night 225  8 

Penalty  for  violating  ordinance 225  9 

REAL  PROPERTY.  laws. 

Right  of  city  to  hold 6 10 

Power  to  sell  and  convey 87  1 

REBATE  OF  TAXES.  laws. 

When  to  be  allowed 77  250 

RECONSIDERATION  OF  VOTE. 

LAWS. 

Not  to  be  done  at  special  meeting,  unless,  etc 13  42 

On  ordinance,  when  vetoed 14  47 

RECORDS.  laws. 

Canvass  of  election  returns  to  be  entered  on 4 3 

City  clerk  to  keep,  of  proceedings 32  81 

Copies  of,  certified  by  clerk,  to  be  evidence 32  81 

ORDINANCES. 

To  be  kept  by  city  collector 114  7 

City  engineer  to  keep,  of  all  transactions 117  9 

City  weighers  to  keep 120  9 

Of  all  city  officers  open  to  public  inspection. 199  8 

Police  officers  to  keep 213  11 

RECOVERY  OF  FINES  AND  PENALTIES. 

LAWS. 

Imprisonment  mey  be  had  to  enforce  collection  of 85  267 

Of  penalty  under  one  ordinance  no  defense  to  other  prose- 
cution  86  270 

ORDINANCES. 

Officer  collecting  fines  to  pay  them  into  treasury 219  32 

■ Police  magistrate  to  report 219  32 

Report  of  amount  collected  in  labor 219  31 

REDEMPTIONS.  laws. 

From  sale  on  special  assessments 56  158 

RELIGIOUS  ASSEMBLIES,  ordinances. 

Punishment  for  disturbing 175  6 


412 


Index. 


REMOVAL.  Page.  Section. 

Of  officers  from  city  to  vacate  office 200  10 

RENDERIES.  [See  Slaughter  House.) 

LAWS. 

Power  to  regulate 25  81cl 

ORDINANCES. 

Permit  must  be  obtained  for. 192  12 

Application  for  permit  to  be  made  to  council 192  14 

Permit  may  be  revoked •• 193  15 

REPEAL. 

Effect  of  repealing  a repealing  ordinance 202  4 

REPORTS  OF  COMMITTEES. 

LAWS. 

To  be  deferred  on  request  of  two  members 13  43 

ORDINANCES. 

By  committee  on  license 164  2 

Shall  report  in  writing 231  20cl 

Shall  be  filed  and  preserved 231  20cl 

To  be  deferred  till  next  meeting  on  request  of  two  aider- 

men  present 231  21cl 

Every  proposition  to  expend  money  to  be  referred  and 

reported  on  before  action 231  34cl 

REPORTS  REQUIRED.  laws. 

From  mayor  on  removing  officer 9 20 

Of  fees  received  by  officer 33  86 

Of  city  treasurer 36  95 

Of  city  collector 38  101 

Of  city  comptroller 38  104 

ORDINANCES. 

Commissioner  of  health  to  make  report 154  17 

Physicians  to  report  pestilential  disease 152  8 

Chief  of  fire  department  to  make 146  34 

City  engineer  to  make  monthly  reports. 117  11 

City  engineer  to  make  report  of  railroad  violations 118  15 

Poundkeeper  to  make 105  18 

Of  city  marshal 212  7 

Of  police  magistrate 219  32 

RESIN.  laws. 

Power  to  regulate  storage  of. 24  65cl 

ORDINANCES. 

Not  to  boil,  except  in  secure  building. 143  21 

RESISTING  OFFICER. 

Punishment  for 220  34 


Index. 


413 


RESOLUTIONS.  laws.  Page.  Section. 

Prior,  in  force  until,  etc 6 11 

When,  to  take  effect 27  64 

Name  of  alderman  offering,  to  be  entered  with  it 231  17cl 

RIOTS.  laws. 

Power  to  prevent  and  suppress 25  72cl 

ROLLER  SKATES.  (See  Skating  Rinks.) 

RULES  OF  CITY  COUNCIL. 

For  rules  of  city  council,  see. 226 

RULES  OF  CONSTRUCTION. 

Of  city  ordinances 202  7 

RUNNERS.  (See  Porters  and  Runners.) 

LAWS. 

Power  to  license  and  regulate 22  43ct 

S. 

SALARIES.  laws. 

Of  mayor  not  to  be  changed  during  term. 33  84 

Of  aldermen  not  to  be  changed  during  term 33  85 

Of  aldermen  not  to  exceed  three  dollars  per  meeting 33  85 

Of  other  officers,  when  fixed,  not  to  be  changed 33  86 

Of  city  officers,  except  aldermen,  may  be  fixed  in  annual 

appropriation  ordinance 76  244 

Not  to  be  increased  or  diminished  during  term 76  244 

ORDINANCES. 

Mayor’s  salary. 134  1 

Aldermen 135  2 

Corporation  counsel 135  3 

City  attorney 135  4 

City  treasurer. 135  5 

City  clerk 135  6 

City  engineer. 135  7 

Marshal  and  police 135  8 

Members  of  fire  department 135  9 

City  collector 135  10 

SALOONS.  (See  Liquor  and  Liquor  Dealers.) 

SCALES.  (See  City  Weighers.) 

SCAFFOLDS.  (See  Nuisance.) 

SCAVENGERS.  ordinances. 

Must  obtain  permit  from  commissioner  of  health 154  15 

Must  make  report  to  commissioner  of  health 154  16 


414 


Index. 


SCAVENGERS — Continued.  Page.  Section. 

Foul  or  offensive  matter  removed,  to  be  disinfected 191  10 

Carts  of,  to  be  closed  tightly 192  11 

SCHOOLS  AND  SCHOOL  BELLS. 

LAWS. 

Two-thirds  vote  of  aldermen  required  to  sell  school 
property 13  41 

ORDINANCE. 

Ringing  of  bells  prohibited  between  certain  hours 187  71 

SEAL.  laws. 

Power  of  city  to  adopt  and  change 6 10 

City  clerk  to  keep 32  81 

Certified  copies  of  papers  under 32  81 

ORDINANCES. 

City  seal,  shape,  and  words  thereon 232  1 

All  official  documents  to  be  under  city 232  2 

Must  be  attested  by  signature  of  clerk 232  2 

SEARCH  WARRANT. 

When  may  issue,  how ' 215  16 

SECOND-HAND  DEALERS.  laws. 

Power  to  tax,  license  and  regulate 27  95cl 

ordinances. 

Definition  of 232  1 

License  required 233  2 

Mayor  to  grant  license  to  second-hand  dealers 233  3 

License  to  expire,  when 233  4 

May  be  revoked  by  mayor 233  4 

Book  of  purchases  to  be  kept 233  5 

Penalty  for  failing  to  keep  book  of  purchases 233  5 

Book  of  purchases  open  to  inspection 234  6 

Agents  and  clerks  of,  liable  as  principal 234  7 

Right  to  revoke  license  of 234  8 

SEWERS  AND  DRAINS.  laws. 

Power  to  construct  and  keep  in  repair 21  29cl 

Power  to  regulate,  etc *23  57cl 

Power  to  compel  cleaning  of 25  84cl 

Power  to  construct,  through  railroad  land 26  89 

May  levy  tax  for  extension  of 78  253 

May  construct  drains,  etc.,  by  special  tax , 86  1 

ORDINANCES. 

All,  declared  local  improvements 235  1 

Division  of  city  into  sewer  districts 235  2 

Must  conform  to  Warring’s  specifications 240  3 

Manner  of  constructing,  with  reference  to  laterals 240  4 


Index. 


415 


SEWERS  AND  DRAINS — Continued.  Page.  Section. 

To  be  in  center  of  street  or  alley,  except 240  5 

Construction  of  house  connections 240  6 

Engineer  to  keep  plats  showing  location  of 241  7 

Private  connections  to  be  made  by  licensed  plumber 241  8 

Application  to  be  made  to  engineer  to  make  house  con- 
nection  241  9 

Engineer  to  grant  permits. 242  10 

Private  sewers — bond — inspection  of. 242  11 

Manner  of  opening  trenches — notice 242  12 

All  private  connections  to  be  made  under  engineer’s  orders  243  13 

Uncovering  or  tampering  with 244  14 

No  opening  for  storm  water  or  garbage  allowed 244  15 

No  excavations  to  be  made  around 244  16 

License  to  excavate  around,  required 244  17 

Engineer  to  have  access  to  private  house  to  inspect 244  18 

Connections  must  have  fixtures  for  water  supply 245  19 

When  no  engineer,  acting  engineer  to  act 245  20 

Penalty  for  violating  ordinance 245  21 

Engineer  to  prepare  blanks  for 245  22 

Heavy  weights  over,  not  allowed 245  23 

Flushing — obstructions  in 246  24 

Committee  on,  to  have  control  of. 229  13a 

SHOWS.  ( See  Amusements.  laws. 

Power  to  license  and  regulate 22  41cl 

ORDINANCES. 

Classification  of 95  1 

License  required 96  2 

License  fee 96  3 

SIDEWALKS.  laws. 

Power  to  lay  out  and  establish 19  7cl 

Power  to  regulate  use  of 20  14cl 

Power  to  regulate  traffic  and  sales  upon 20  20cl 

Owner  of  lot  may  build  and  relieve  lot  from  assessment  for  49  134 

May  be  built  by  special  taxation 81  259 

What  ordinance  for,  shall  provide 82  260 

In  case  owner  neglects  to  construct 82  261 

Special  tax,  duty  of  clerk,  report 83  262 

General  tax  officer  to  obtain  judgment  for  special  tax 84  263 

When  constructed  by  owner  of  lot 84  264 

ORDINANCES. 

Leaving  open  trap-door  in,  a nuisance 191  9 

Width  of 246  1 

Grades  for,  engineer  to  give 247  2 

Laying  contrary  to  established  grade 247  3 


416 


Index. 


SIDEWALKS— Continued.  Page.  Section. 

Pavements  to  be  uniform  in  width  and  in  line 247  4 

Pavements  out  of  line 247  5 

Out  of  line  or  grade  a nuisance 248  6 

Old  and  unsafe,  a nuisance . 248  7 

To  be  of  brick  or  stone 248  8 

Private  drains  across 248  9 

Cellar  ways,  etc.,  in,  forbidden 248  10 

Cellars  and  areas  under 248  11 

Using,  for  areas  without  permit 248  12 

Entrance  to  area  ways,  under 250  13 

Coal  holes  under « 250  14 

Hitching  posts,  rings 250  15 

Awnings  over 251  16 

Merchandise  on 251  17 

Signs  along,  how  adjusted 251  17 

Signs  to  be  securely  supported..... 252  18 

Creaking  signs,  a nuisance 252  19 

Delivering  or  receiving  goods  on 252  20 

Driving  animals  or  wagons  on 252  21 

Permitting  water  to  run  over 253  22 

Hitching  teams  so  as  to  obstruct 253  23 

Gates  opening  over  street  or 253  24 

Obstructions  on,  or  to 253  25 

Crowds  obstructing 253  26 

Removal  of  obstructions  on 253  27 

Riding  bicycles,  etc.,  on 254  28 

SIGNS.  laws. 

Power  to  regulate «...  20  17cl 

Power  to  prevent  flying,  across  streets 20  19cl 

ORDINANCES. 

Creaking,  a nuisance 252  19 

Over  sidewalk  to  be  seven  feet  above  grade 251  17 

To  be  securely  supported 252  18 

SKATING  RINKS. 

License  required  for 2 6 1 

Amount  of  license.. 225  2 

Clerk  to  issue  license 225  4 

Mayor  may  revoke  license  for 225  5 

SLAUGHTER  HOUSES.  laws. 

Power  to  regulate 25  81cl, 

ORDINANCES. 

Must  have  a permit  to  erect 192  12 

Operating,  in  offensive  manner,  a nuisance 192  13 

Application  for  permit  to  be  made  to  council 192  14 


Index. 


417 


SLAUGHTER  HOUSES — Continued.  Page.  Section. 

Time  permit  for,  shall  run 193  15 

SOAP  FACTORIES.  laws. 

Power  to  direct  location  of,  and  to  regulate 25  81 

ORDINANCES. 

Operating,  in  offensive  manner,  a nuisance 192  13 

Permit  must  be  had  for 192  12 

Application  for  permit  to  be  made  to  council 192  14 

Time  permit  shall  run. 193  15 

SPECIAL  ASSESSMENTS. 

LAWS. 

Special  assessment  funds  to  be  kept  separate 37  99 

Power  to  make  local  improvement  by 45  116 

Ordinance  for  improvement 45  117 

When  property  is  to  be  taken 45  118 

Petition  for  compensation  for  damages 45  119 

Form  of  petition 46  120 

Summons,  publication,  etc 46  121 

Hearing  on  petition— jury 46  122 

Jury  to  ascertain  compensation 46  123 

Jury  to  view  premises,  ownership 47  124 

Judgment,  new  parties,  other  proceedings 47  125 

Powers  of  court 47  126 

Ownership,  further  powers  of  court 47  127 

Persons  under  disability 48  128 

Judgment,  effect,  appeal,  etc 48  129 

Order  for  possession 48  130 

When  improvement  made 49  131 

When  made  by  special  taxation 49  132 

How  made 49  133 

Ordinance  for,  sidewalks,  etc 49  134 

Estimate  of  costs 49  135 

Order  for  proceedings  in  court 50  136 

Petition  to  court 50  137 

Appointment  of  commissioners 50  138 

Oath  of  commissioners 50  138 

Duties  of  commissioners 50  139 

Assessment  roll 51  140 

To  be  returned  to  court,  when 51  140 

Notice  by  mail,  posting  and  publication 51  141 

Proof  of  notice 52  142 

Continuance  when  notice  not  in  time 52  143 

Objections— judgment  by  default 52  144 

Hearing— jury 53  145 

Precedence 53  146 

27 


418 


Index. 


SPECIAL  ASSESSMENTS — Continued.  Page.  Section. 

Court  may  modify 63  147 

Judgment  several,  appeal 53  148 

Judgment  to  be  certified  to  the  city  collector  53  149 

Form  of  warrant 54  150 

Collector’s  notice — form  of 54  151 

Manner  of  collection  54  152 

Penalty  for  failure  to  give  notice  55  152 

Report  of  delinquent  list 55  153 

Application  for  judgment 55  154 

Return  of  sales — redemptions 56  155 

Penalty  where  tax  paid  and  lot  returned  delinquent 56  156 

Paying  over,  compensation 56  157 

General  revenue  laws  apply  56  158 

City  or  village  may  buy  in  for 57  159 

When  assessment  set  aside 57  160 

Supplemental  assessments 57  161 

New  assessments  against  delinquents 57  162 

Contracts  payable  from  assessments  58  163 

How  contracts  let — approval 58  164 

Lien  of  special  assessments  58  165 

Collection  of  special  assessments  by  suit 58  166 

Supplemental  petition  to  assess 59  167 

Any  city  may  adopt  special  tax  article  60  168 

Special  taxes  may  be  divided  into  installments 60  168a 

May  be  paid  before  maturity — interest  61  168b 

When  by  installments — ordinance 61  168c 

Assessment  roll,  what  to  contain 62  168d 

Notice,  what  to  contain 62  168e 

Order  of  confirmation 62  168f 

Warrant  for  collection. 62  168g 

Proceedings  for  judgment 62  168h 

Payment  for  improvements  done,  vouchers ( 2 168i 

What  vouchers  shall  contain  63  168i 

Person  accepting  vouchers 63  168j 

Surplus  remaining,  notice 63  68k 

Special  assessment,  when  city  may  advauce  to  pay  dam- 
ages  . 64  1681 

When  collected  by  installments 64  168m 

May  build  sidewalks  by 81  259 

What  ordinance  must  provide 82  260 

May  construct  drains,  ditches,  dykes,  &c 86  1 

May  lay  out  pleasure  driveways  by 89  2 

Clerk  to  report  to  general  officer,  delinquent 83  262 

ORDINANCES. 

City  collector  to  collect 113  1 


Index. 


419 


SPECIAL  ASSESSMENTS— Continued:  Page.  Section. 

City  collector  authorized  to  receive i 113  4 

Delinquent  tax  to  be  returned  to  county  collector 114  6 

SPECIAL  ELECTIONS.  laws. 

Power  to  call  18  60 

When  there  is  a failure  to  elect 18  61 

ORDINANCES. 

May  be  ordered  at  any  time 127  3 

SPECIAL  POLICE.  ( See  Police  Department.) 

SPECIAL  TAXES.  ( Sec  Special  Assessments.) 

STAGNANT  WATER. 

A nuisance . 193  16 

STEAM  BOILERS.  laws. 

Power  to  provide  for  inspection  of 24  67cl 

May  provide  for  licensing  persons  in  charge  of. 89  1 

May  provide  for  examination  of  engineers  ot 90  2 

ORDINANCES. 

Manner  of  setting  under  fire  ordinance  141  14 

STOVES  AND  STOVE  PIPES. 

LAWS. 

Power  to  prevent  dangerous  construction  of. 24  63cl 

ORDINANCES. 

Manner  of  putting  up  pipes 140  12 

To  be  securely  protected  by  zinc,  etc  141  12 

In  shops  where  shavings  are 142  16 

STORAGE.  laws. 

Power  to  regulate  the  storage  of  combustibles 24  65 

ORDINANCE. 

Not  to  store  over  twenty-five  pounds  gunpowder 146  30 

STREETS  AND  ALLEYS.  laws. 

Powers  of  city  council  over 19  7-13cl 

Power  to  regulate  the  flying  of  flags,  etc.,  across 20  19cl 

Power  to  regulate  traffic  upon 20  20cl 

Power  to  name  and  to  change  name  of 21  23cl 

Power  to  regulate  use  of  by  street  railways 21  21cl 

Power  to  extend  over  or  across  railroad  lands 26  89cl 

Power  to  authorize  laying  of  railroad  tracks  in 26  90cl 

Council,  by  ordinance  may  require  on 29  71 

Labor  and  commutation  for  labor  on 81  258a 

ORDINANCES. 

Trap-doors  or  gratings  in,  left  open,  a nuisance 191  9 

Obstructions  to,  forbidden 255  1 

Owner  to  remove  obstructions  on  notice 255  2 


420 


Index. 


STREETS  AND  ALLEYS — Continued.  Page.  Section. 

Engineer  to  remove  obstructions — costs 256  3 

Building  material  in  street 256  4 

Red  lights  at  piles  of  building  material  in 256  5 

Railings  and  lights  at  excavations 256  6 

Cellar  doors  open  in v 257  7 

Merchandise  or  fuel  on . 257  8 

Obstructing  with  teams . 1 257  9 

Persons  placing  obstructions  liable  for  damages 257  10 

Building  in,  not  to  be  repaired 258  11 

Removing  building  through  the 258  12 

Digging  in 258  13 

Excavations  adjoining,  to  be  guarded 258  14 

Excavations  in — tearing  up  sidewalks 258  15 

Removing  grade  or  corner  stakes 259  16 

Removing  or  selling  earth  from 259  17 

Ashes,  rubbish,  etc.,  in 259  18 

Fire  upon  crossings 259  19 

Throwing  paper,  etc.,  on — dropping  litter  on 260  20 

Stopping  teams  on  crossing.., 260  21 

Feeding  or  huckstering  on  public  square 260  22 

Numbers  on  buildings 260  23 

Decimal  system  adopted 260  24 

Manner  of  numbering 260  25 

Size  of  numbers,  where  placed 261  26 

Penalty  for  not  numbering 261  27 

Numbering  on  new  building..... 261  28 

Throwing  dirt  on  paved  streets 261  29 

Molesting  paved  street. 262  30 

Paved  street  opened  only  on  permit 262  31 

Bond  to  be  given  before  permit  granted. 262  31 

Penalty  for  opening,  without  permit. 262  31 

STREET  CARS.  ordinances. 

Throwing  stones  at 186  62 

Minors  climbing  on 186  63 

Entering,  and  refusing  to  pay  fare 186  64 

Disorderly  conduct  on 186  65 

Obstructing  the  operation  of. 186  66 

Injuring  or  defacing 186  66 

Refusing  to  leave  track  of,  when  requested  to 186  66 

STREET  LIGHTS.  laws. 

Power  of  council  to  provide  for  lighting  streets 20  llcl 

ORDINANCES. 

Punishment  lor  lighting  or  extinguishing 383  46 


Index. 


421 


SUITS.  laws.  Page.  Section. 

How  brought. 86  270 

SUMMONS.  laws. 

For  violating  ordinances 28  68 

First  process  shall  be 85  267 

ORDINANCES. 

Statement  of  case  to  be  filed 217  22 

SUNDAY.  laws. 

Power  to  provide  by  ordinance  for  observance  of 24  66 

ORDINANCES. 

Druggist  not  to  sell  intoxicants  on,  except 125  4 

Dramshops  to  be  kept  closed  on 167  10 

Amusements  on 179  27 

Keeping  place  of  business  open  on  179  28 

Keeping  billiard  room,  etc.,  open  on, 179  26 

SUPPLIES.  laws. 

For  use  of  city,  how  furnished 26  94cl 

ORDINANCES. 

To  be  purchased  on  contract 263  1 

Requisition  to  issue  for 263  2 

Who  shall  purchase — order— bill .*. 263  3 

Claim  for  goods  not  ordered  by  council 263  4 

Bill,  what  to  contain 263  5 

Board  of  prisoners. 264  6 

SUPERINTENDENT  OF  POLICE. 

LAWS. 

Power  to  regulate  and  prescribe  duties  of......  24  68 

SURPLUS.  laws. 

Of  special  assessments  to  be  refunded 57  161 

T. 

TALLOW  CHANDLERIES.  laws. 

Power  to  regulate  and  direct  location  of. 25  81cl 

Power  to  direct  cleansing  or  removal  of. 25  84cl 

ORDINANCES. 

Operating,  without  permit  from  city  council,  a nuisance....  192  12 

Operating,  in  offensive  manner 192  13 

Written  application  to  be  made  for 192  14 

Bond  for,  to  be  given 193  14 

TANNERY.  laws. 

Power  to  regulate  and  direct  location  of 25  81cl 

Power  to  direct  cleansing  or  removal  of 25  84cl 


422 


Index. 


TARGET  SHOOTING.  ordinances.  Page.  Section. 

Shooting  galleries  must  be  licensed 99  15 

Target  not  to  be  set  upon  street  or  public  ground. 99  17 

TAXES.  laws. 

Power  to  levy  and  collect 19  3cl 

Power  to  collect,  to  pay  city  indebtedness 19  5cl 

For  judgment  and  temporary  loans 35  90 

Ordinance  for  levying — limitation ; 41  111 

Manner  of  collecting 43  112 

Time  of  paying  over 43  113 

When  levied  for  particular  purpose 43  114 

To  be  uniform  upon  all  taxable  property 43  115 

On  foreign  insurance  companies 40  110 

Regulation  for  water  taxes 65  171 

Rebate  and  reduction  of , 77  250 

May  be  rebated  in  case  of  loss  by  fire 77  251 

Sewerage,  water  and  light  taxes 78  253 

Taxes  to  be  assessed  as  provided  for  in  Article  VIII. 80  256 

Surplus  taxes  to  be  apportioned,  how 80  257 

Drawbacks  to  be  in  uniform  ratio 80  258 

Special  taxes,  hpw  collected 49  132 

TELEGRAPHS  AND  TELEPHONES. 

ORDINANCES. 

Injuring  posts,  wires,  etc.,  of 182  45 

TEMPORARY  POLICE.  [See  Police  Department.) 

THEATRES.  {See  Amusements.) 

LAWS. 

Power  to  license,  tax  and  regulate 22  41cl 

Power  to  regulate  places  of  amusement. 23  58cl 

ORDINANCES. 

Chairs  not  allowed  in  aisles 97  8 

Persons  not  allowed  to  loiter  in  hallways 97  9 

Minors  not  allowed  at  variety  show  where  liquor  is  sold....  97  10 

Exits  to,  hereafter  constructed 144  27 

Exits  to,  those  now  constructed 145  28 

Procedure  to  enforce 145  29 

THROWING  STONES. 

Punishment  for. 182  41 

In  parks,  prohibited 206  13 

TIE  VOTE.  {See  Elections — Mayor.) 

TOWNS.  laws. 

How  incorporated,  may  become  city 4 4 


Index. 


423 


TRAP  DOORS.  Page.  Section. 

Left  open  on  walk  or  street,  a nuisance 191  9 

TREES.  laws. 

Power  to  plant,  on  streets 20  8cl 

ORDINANCE. 

Hitching  horses  to  ornamental  or  shade 183  48 

Hitching  horses  to,  in  parks 205  12 

Injuring,  in  parks 204  5 

Posting  bills  on,  in  parks - 2C6  14 

TRESPASS. 

Carrying  away  fruit,  etc. 183  49 

Upon  private  premises 83  50 

TRIAL. 

Of  prisoner  arrested  by  police  officer 216  19 

Continuance  may  be  granted 216  19 

TURNKEY.  ( See  City  Prison  Keeper.) 

TURPENTINE.  laws. 

Power  to  regulate  storage  of 24  65cl 

TT. 

UNWHOLESOME  BUSINESS,  laws. 

Power  to  prohibit 25  83 

ORDINANCES. 

Not  to  be  carried  on  without  permit 192  12 

Operating,  in  offensive  manner,  a nuisance. 192  13 

■v. 

VACANCY.  laws.  ( 

In  office  of  mayor 8 15 

In  office  of  mayor. 8 16 

In  office  ot  alderman ; 12  32 

In  office  of  alderman. 17  54 

How  filled 30  74 

ORDINANCES. 

In  office  of  city  engineer,  how  filled. 119  20 

In  judges  and  clerks  of  election,  how  filled 128  6 

After  polls  open,  how  filled 128  7 

VACATION  OF  STREETS.  laws. 

Power  of  council  to  vacate  streets,  alleys,  etc, 19  7cl 

VACCINATION.  (See  Health  Department.) 


424 


Index. 


VAGRANTS.  laws.  Page.  Section. 

Power  to  restrain  and  punish 25  74cl 

ORDINANCES. 

Not  allowed  to  loiter  in  dramshops 167  12 

Defined  and  punished 184  58 

VEGETABLES.  laws. 

Power  to  regulate  sale  of 23  50cl 

ORDINANCES. 

Displaying,  on  benches 112  6 

Inspectors  of. 112  7 

VEHICLES.  laws. 

Power  to  regulate  speed  of. 20  21cl 

Power  to  license 22  24cl 

ORDINANCES. 

Weight  of,  how  ascertained 121  10 

Driving,  over  fire  hose — penalty.. 148  38 

Obstructing  street  at  fire  with 149  42 

Standing  in  streets 184  56 

Drivers  of,  to  pass  to  the  right 180  33 

To  be  licensed  in  certain  cases 264  1 

Rate  of  license. 264  2 

Number  of  license  to  be  put  on.  265  3 

Persons  entitled  to  license 265  4 

Bond  to  be  given 265  5 

Rate  allowed  for  carrying  passengers 265  6 

Penalty  for  charging  excessive  rate 266  7 

Boisterous  conduct  of  driver — obstructing  street 266  8 

Stands  for 266  9 

Police  to  remove,  when  obstructing  street 266  10 

False  representation  by  driver  of....  *. 267  11 

Licensed  driver  to  keep  copy  of  section  6 267  12 

VETO.  laws. 

Of  ordinance,  or  items  in 14  46 

VIADUCT.  laws. 

Power  to  construct 21  28cl 

VOTE  OF  COUNCIL.  laws. 

Mayor  to  give  casting  vote 8 19 

Two-thirds,  required  to  restore  officer.. 9 20 

Majority,  to  pass  ordinance.. 13  41 

Two-thirds,  required  to  sell  city  or  school  property 13  41 

Two-thirds,  required  to  pass  ordinance  over  veto. 14  47 

Two-thirds,  to  create  or  discontinue  office 29  73 

Two-thirds,  to  order  improvement  after  annual  appropria- 
tion  35  90 

Two-thirds,  to  let  contract  without  advertising.. 58  164 


Index. 


425 


VOTE  OF  COUNCIL — Continued.  Page.  Section. 

Two-thirds,  to  annex  one  corporation  to  another 70  196 

Majority,  to  disconnect  territory 73  205a 

ORDINANCES. 

Majority,  required  to  pass  ordinance,  etc 231  19cl 

Yea  and  nay,  to  be  taken  when  called  for 231  18cl 

Rules  of  council  not  to  be  suspended,  etc.,  except  by 
majority.. 231  26cl 


W. 

WARDS.  laws. 

Council  may  divide  city  into 

To  be  compact  and  population  equal 

When  population  increased  or  new  territory  added 
ORDINANCES. 

Boundaries  of  First  ward 

Boundaries  of  Second  ward 

Boundaries  of  Third  ward 

Boundaries  of  Fourth  ward 

Boundaries  of  Fifth  ward 

Boundaries  of  Sixth  ward 

Boundaries  of  Seventh  ward ! 

WARRANTS.  laws. 


For  violating  ordinances 28  68 

Officers  to  be  commissioned  by 31  76 

Treasurer  to  keep  register  of. 36  95 

Treasurer  to  deliver,  to  clerk 36  95 

How  drawn  for  the  payment  of  money 37  98 

Clerk  to  have  charge  of 38  104 

Form  of,  for  collection  of  special  taxes 54  150 

Returned  with  delinquent  lists 55  153 

What  to  contain  when  special  assessments  payable  in 

installments. 62  168g 

For  collection  of  special  sidewalk  taxes. 82  261 

May  issue  in  first  instance  for  violation  of  ordinances 85  267 

ORDINANCES. 

Policemen  may  serve,  within  city 215  15 

Search  warrants,  when  may  issue 215  16 

When  arrest,  need  not  issue 217  23 

WATER.  laws. 

Power  of  council  to  provide  for  purification  of,  and  drain- 
age of  ponds  on  private  property 22  40cl 

Power  to  provide  for  supply  of 65  169 

May  acquire  property  for,  works 65  170 

28 


15  51 

15  51 

10  30 

268  1 

268  1 

268  1 

269  1 

269  1 

270  1 

271  1 


426 


Index. 


WATER — Continued.  Page.  Section. 

May  make  regulations  concerning  use  of 65  171 

May  prevent  pollution  of. 65  170 

Extent  of  territorial  jurisdiction 65  170 

Council  may  contract  for  supply  of. 75  242 

Council  may  fix  maximum  rates 76  243a 

May  levy  tax  for  water  fund 79  254 

Power  to  prevent  the  waste  of  water. 65  169 

WATER  WORKS.  laws. 

Power  to  acquire  property  for 65  170 

Power  to  provide  for  collection  of  water  rents 65  171 

May  contract  with  company  for  water  supply 75  242 

May  fix  maximum  rates  for  water  rents 76  243a 

Circuit  court  may  review  rates  fixed 76  243a 

Tax  for,  a continuing  lien 66  171 

Council  may  appropriate  money  for,  or  levy  general  tax...  66  171 

ORDINANCE. 

Meddling  with  fire  hydrants 184  57 

'WEIGHTS  AND  MEASURES,  laws. 

Power  to  inspect  and  seal 23  55cl 

Power  to  enforce  keeping  of. — 23  56cl 

ORDINANCES. 

Scales  to  be  kept  adjusted. 120  5 

Certificate  of  weight  to  be  given  by  weigher.... 120  8 

Weight  of  vehicles,  how  ascertained. 121  10 

Altering  certificate  of  weight 121  11 

WINDOWS.  ORDINANCE. 

Of  dramshop  to  be  kept  so  interior  can  be  seen 171  26 

WOOD.  LAWS. 

Power  to  provide  for  inspection,  etc 23  54cl 

WOODEN  BUILDINGS.  (See  Buildings.) 

LAWS. 

Power  to  prescribe  limits  within  which  they  shall  not  be 

erected  or  repaired 24  62cl 

ORDINANCES. 

Not  allowed  in  fire  limits 138  4 

Removal  of . 138  5 

Definition  of 138  6 

Declared  a nuisance 139  7 

WORKHOUSE.  laws. 

Power  to  establish  and  erect 24  69cl 

Power  to  commit  offenders  to 85  267 

Limit  of  time  prisoners  may  be  committed  to 86  267 


Index. 


427 


WORKHOUSE— Continued. 

ordinance.  Page.  Section. 

Commitment  of  persons  to. 218  28 

Refusing  to  work  in 219  29 

NT. 

YEAR.  laws. 

Fiscal,  commence  at  date  of  annual  election  or  as  pre- 
scribed by  ordinance 34  88 

YEAS  AND  NAYS.  laws. 

To  be  taken  on  removal  of  officer 9 20 

To  be  taken  on  passage  of  ordinance 13  41 

To  be  taken  in  creating  liability  against  city 13  41 

To  be  taken  at  request  of  any  alderman 13  41 

To  be  taken  on  passage  of  ordinance  over  veto 14  47 

ORDINANCE. 

To  be  taken  on  passage  of  ordinance 231  18cl 

To  be  taken  on  creation  of  liability 231  18cl 

To  be  entered  on  journal 231  18cl 

Any  member  may  require  the 231  18cl 


INDEX  TO  SPECIAL  ORDINANCES. 


Page. 

C. ,  D.  & V.  R’y  Co.  ordinance 275 

D. ,  U.,  B.  & P.  Railroad  ordinance 276 

Danville  & Grape  Creek  Railroad  Co 279 

C.  & E.  I.  R.  R.  and  Grape  Creek  R.  R.  Co 283 

Public  Library 285 

Danville  Gas  Light  Co 285 

Citizens  Street  Railway  Co .' 287 

Merchants  Electric  Light  Co 290 

Fixing  height  and  location  of  electric  light  towers 291 

Citizens  Street  R’y  Co.,  second  ordinance 292 

Danville  Gas,  Electric  Light  and  Street  Railway  Co 295 

Jas.  R.  Kendall  Street  R’y  ordinance 302 

Jas.  R.  Kendall  gas  ordinance 309 


Index. 


nii  mimin' 

428 

INDEX  TO  SPECIAL  ORDINANCES— Continued.  Page. 

Danville  Water  Co.  2nd  ordinance 320 

Danville  Water  Co.  3rd  ordinance 328 

Danville  Water  Co.  4th  ordinance 329 

Danville  Water  Co.  5th  ordinance 330 

Danville  Water  Co.  6th  ordinance  332 

Danville  Water  Co.  7th  ordinance  333 

Danville  Water  Co.  8th  ordinance 334 

Danville  Water  Co.  9th  ordinance  335 

Danville  Water  Co.  10th  ordinance 337 

Central  Union  Telephone  ordinance 338 

Locating  parks 340 

C.  & E.  I.  R.  R.  ordinance  342 

Danville  Water  Co.  1st  ordinance. 312 


1 • ' IV  ' H V n .*  um' 

/:./  v 


. 


% 


k 


# 


/ 

. % 


